KoolVent Metal Awning Corp. of America v. Price

Opinion by

Mr. Justice Bell,

Plaintiff, manufacturer of KoolVent Aluminum Awnings, filed a bill in equity to enjoin defendant from using tbe name “Cool-Ray” in tbe sale of aluminum awnings and from persisting in unfair trade practices and for an accounting and damages. The chancellor, after hearing, dismissed the bill. The case turns on two narrow questions: Had the plaintiff’s trade name or trade-mark acquired a special or secondary meaning; and if so, was defendant’s name or practices so similar to plaintiff’s as reasonably likely to confuse or deceive the public?

The chancellor found, upon…