Esso Standard Oil Co. v. Bazerman

BYERS, District Judge.

This is a plaintiff’s motion for a preliminary injunction in an action in which infringement by defendants of plaintiff’s trade-mark ESSO is alleged, and also unfair competition in employing the trademark as a sign in simulation of plaintiff’s similar display, and. in adopting as a trade-dress for its filling stations, a color scheme and general arrangement which is confusingly similar to that used by plaintiff’s filling station operators.

The allegations of the complaint, apart from purely formal matters, are put in issue by the answer — which has not been filed, but is…