Armstrong v. Atlantic Ice & Coal Corp.
Supreme Court of Georgia
Injunction. Before Judge Brand. Clarke superior court. March 31, 1913. The Athens Ice and Coal Company, hereinafter referred to as the Athens company, brought its petition against G. C. Armstrong,B. S. Dobbs, and W. A. Sains, alleging: that petitioner was duly incorporated under the name of Athens lee and Coal Company, and until the year 1910 was actively engaged in the manufacture and sale of ice and in the carrying on of a coal and wood business; that although since that…
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Injunction. Before Judge Brand. Clarke superior court. March 31, 1913. The Athens Ice and Coal Company, hereinafter referred to as the Athens company, brought its petition against G. C. Armstrong,B. S. Dobbs, and W. A. Sains, alleging: that petitioner was duly incorporated under the name of Athens lee and Coal Company, and until the year 1910 was actively engaged in the manufacture and sale of ice and in the carrying on of a coal and wood business; that although since that time it has not been as actively engaged in such business, by reason of having sold certain of its assets to another…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) We are of the opinion that the court did not err in granting the injunction in this case. While this is not strictly' a trade-mark case, as where the owner of the trade-mark or the assignee of such, who acquired it either by express contract or purchase of the assets and good will of the one who was the original' owner of the trade-mark, seeks injunction against infringement, it is analogous to such a case. The Atlantic Ice & Coal' Corporation was the purchaser, not only of all the assets' of the Athens Ice '& Coal Company, except certain stock on hand and…
2Cases cited2 opinions
- Vonderbank v. SchmidtSupreme Court of Louisiana · 1892
- Porter & Mumford v. GormanSupreme Court of Georgia · 1880
3Cited by8 opinions
- National Association for Advancement of Colored People v. OverstreetSupreme Court of Georgia · 1965
- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- Smith v. DavidsonSupreme Court of Georgia · 1944
- Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
- Curtis v. PierceSupreme Court of Georgia · 1924
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