Brody's, Inc. v. Brody Bros., Inc.

PRICE, Judge:

This appeal is from an order that both cancelled appellant Brody’s, Incorporated’s Pennsylvania registration of the trade name “Brody’s”, and refused to permanently enjoin appellee Brody Brother’s, Incorporated from using the same trade name.

Appellant Brody’s, Incorporated (“Oil City Brody’s”) is a Pennsylvania corporation with its principal place of business in Oil City, Pennsylvania, where since 1939 it has operated a women’s and children’s clothing store under the name “Brody’s”. Appellee Brody Brothers, Incorporated (“Indiana Brody’s”), also a Pennsylvania corporation, has…