Gordy v. Dunwody

Duckworth, Chief Justice.

That the petitioner by long use and registration had acquired a right to the trade-mark and trade name “The Varsity,” is clearly shown by the petition. Therefore, at the outset it is necessary to determine whether or not this trade name and trade-mark of the petitioner is infringed and imitated by the trade name of the defendants, which is “Varsity Drive-in.” It is readily seen that the word “Varsity” is common to both and the other words in each are relatively unimportant, and undoubtedly some people would confuse the two and conclude that they were the same, but…