Hagan & Dodd Co. v. Rigbers

(After stating the case.)

1. Unquestionably a court of .equity has jurisdiction to give affirmative equitable relief in all cases of the fraudulent use of trade-marks, trade names or devices, or any unfair competition in trade, resulting in injury or threatened injury to the property or business of another. In this State sucli jurisdiction is expressly provided for in the Civil Code, §4035, in the following language: “Any attempt to encroach upon the business of a trader, or other person, by the use of similar trade-marks, names, or devices, with the intention cf deceiving and misleading the…