Dutcher v. Harker

RUARK, Presiding Judge.

This is an appeal from a judgment denying injunctive relief to both parties in an unfair competition suit. The case involves the right to use the brand name “Dutcher-Williams,” the name “Dutcher” alone or in any combination, the labels of the (paint) product, including name, color, and design, advertising and displays, and, to some extent, the quality of the product. Contrary to the usual situation, the seller has sued the buyer; and the buyer has filed a counterclaim likewise praying for injunctive relief.

Plaintiff-appellant Charles Dutcher had been connected with…