Legal Opinion
The 88% STORES, INC. v. Martinez
Oregon Supreme Court
Decided May 10, 1961PublishedCited by 18 opinions
1Opinion of the CourtO’Connell, J.
This is a suit in equity in which plaintiff seeks to enjoin the use of its alleged trade name and to recover damages for past use. The trial court granted an injunction and gave judgment in the amount of $2,500 for past infringement.
In 1956 plaintiff originated the idea of selling the various items of merchandise in its store at a single price of 88 cents. It adopted the name “The 88^ Store” and developed its advertising around the idea that all items of merchandise offered for sale in its store were “one price,” viz., 88 cents. The repetition of the num her “8” was further carried out in its…
2Cases cited37 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
- Baker v. SeldenSupreme Court of the United States · 1880
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
32 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Self-Realization Fellowship Church v. Ananda Church of Self-RealizationCourt of Appeals for the Ninth Circuit · 1995
- Norm Thompson Outfitters, Inc., an Oregon Corporation v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1971
- Self-Realization Fellowship Church v. Ananda Church Of Self-RealizationCourt of Appeals for the Ninth Circuit · 1995
- Mr. Gasket Co. v. TravisOhio Court of Appeals · 1973
- Frostig v. Saga Enterprises, Inc.Oregon Supreme Court · 1975
13 more not listed; retrieve them via the Exa API.