J. I. Case Plow Works v. J. I. Case Threshing Machine Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: W. J. TubbteR, Judge. This is a case of alleged unfair competition in trade. The-plaintiff and respondent (hereinafter called the Plow Works) brought the action to enjoin the appellant (hereinafter called' the T. M. Company) from using the name “Case” or ffJ.
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Appeal from a judgment of the circuit court for Racine county: W. J. TubbteR, Judge. This is a case of alleged unfair competition in trade. The-plaintiff and respondent (hereinafter called the Plow Works) brought the action to enjoin the appellant (hereinafter called' the T. M. Company) from using the name “Case” or ffJ. I. Case,” either alone or in combination with other words, upon plows or plow machinery sold by it, as well as in advertising such plows and plow machinery, on the ground that these-names Rad become Valuable trade-names to the use of which upon plows the Plow Worles had…
1Opinion of the Court
Tbe following opinion was filed December 7, 1915:
WiNsnow, C. J.
Tbis is a contest over tbe right to use a proper name as a trade-name. It is unique in tbat it is a struggle between two corporations for tbe exclusive right to use tbe name of their common founder upon certain products which both make. It is not' tbe too frequent case of barefaced trade piracy, where one who happens to bear tbe same name as tbat borne by a successful manufacturer goes into tbe same business and endeavors to appropriate to himself tbat which be has done nothing to create, namely, tbe business good will attached to…
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