Evergreen State Amusement Co. v. S. F. Burns & Co.

This is an appeal from a decree enjoining the defendants, S. F. Burns & Co., Inc., and others (hereinafter “Burns”), from using the word “Evergreen” as a part of the name of their motion picture theater.

The trial judge found these to be the facts: The plaintiff, Evergreen State Amusement Corporation, was the first appropriator of the name “Evergreen,” which it uses in conjunction with the operation of its theaters. It has used the name continuously since 1933. In October of 1967 Burns began using the word “Evergreen” in connection with its drive-in theater in Bellevue, Washington. Burns knew…