Lichtenstein v. Mellis Bros.
Oregon Supreme Court
Appeal from Multnomah County. This is an action for damages for violation of plaintiff’s rights to a trade-mark, commenced in the circuit court and decided against appellant on demurrer to the amended complaint.
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Appeal from Multnomah County. This is an action for damages for violation of plaintiff’s rights to a trade-mark, commenced in the circuit court and decided against appellant on demurrer to the amended complaint. The complaint shows, by proper allegations, that the plaintiffs have the exclusive right to use as a trade-mark the name “I X L General Merchandise Auction Store,’ and that the respondents, knowing the fact, fraudulently, and for the purpose of deceiving the public, use the name “ Great I X L Auction Company. ” The court below sustained the demurrer to the complaint, upon the ground…
1Opinion of the Court
By the Court,
Boise, J.:
It is conceded that the first ground of demurrer, to wit, that the court has not jurisdiction of the case, is not tenable; and the appellants now rely on the second ground of demurrer, to wit, that the complaint does not state facts sufficient to constitute a cause of action. In determining *465this cause of demurrer, we will first consider the matter as to whether or not the letters and words “I XL General Merchandise Auction Store,” which constitute the trademark of the plaintiff, are so nearly identical with or similar to the words and letters used by defendants, to wit,…
2Cited by4 opinions
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- Miskell v. ProkopNebraska Supreme Court · 1899
- Photo & Sound Co. v. CorvallisOregon Supreme Court · 1981