Jacob & Jane Zook, Inc. v. Barn

JOHNSTONE, P.J.,

In this action in equity, plaintiff seeks to enjoin defendant from misappropriating and distributing a hex sign bearing a house blessing design and for an accounting of all profits derived by defendant from his sale of such signs. Preliminary objections in the nature of a demurrer have been filed by defendant in which he claims that plaintiff has not stated a cause of action. Argument on the preliminary objections has been heard by the court sitting en banc.

In disposing of defendant’s demurrer, we will, of course, accept as true all well-pleaded facts in the complaint, and we…