American Automobile Ins. Co. v. American Auto Club

LEMMON, District Judge.

This case presents the recurrent problem of exclusive right in a generic name or combination of generic names under claim of secondary meaning. The appeal is from a judgment declining.an injunction to appellants, plaintiffs below, prohibiting appellee, defendant below, from the use of the words “American Auto” and “The American Auto Club” in connection with appellee’s business, and in particular with that business as it relates to the sale and solicitation of insurance policies.

Plaintiff corporations are engaged in writing automobile insurance in its various coverages.…