Peterson & Co. v. Jay

This is an action in equity by Peterson & Company, Inc., a corporation, plaintiff and appellee, to enjoin Nelson Jay, doing business as Nelson Jay Potato Company, defendant and appellant, from using the name “Big Chief” as a brand in marketing potatoes.

A trial was had to the court at the conclusion of which a decree was rendered, enjoining the defendant from using the name. The defendant filed a motion for new trial which was overruled. From the decree and the order overruling the, motion for new trial the defendant has appealed.

The action is based on a claimed prior use and prior…