Consolidated Fuel Co. v. Brooks

Plaintiff and defendants are rival jobbers in coal, and both assert the exclusive right to use in the trade the name “Cristo Canon” to describe fuel mined by and purchased from the South Canon Coal Company at Big Four, Colo*422rado, where it is known as the “Carbon Canon Coal.” From a decree perpetually enjoining defendants from using the name in controversy for the purpose stated, they have appealed to this court.

The following propositions of law and fact are urged on behalf of defendants to defeat the injunction: Defendants invented the name. They were the first to register with the secretary…