Fish v. Koldkist Beverage Ice

This is a trade name case.1 We are asked to decide whether Donald and Susan Fish, who as Columbia Oil & Burner Company have sold heating oil in Clark County since 1953, are entitled to enjoin House-warmers Oil Company, an Oregon concern, from using the name Housewarmers in Washington. The Fishes contend that they used Housewarmers as a trade name before the Oregon firm first did business here. See Holmes v. Border Brokerage Co., 51 Wn.2d 746, 750-51, 321 P.2d 898 (1958) (right to use trade name belongs to one who first appropriates and uses it as trade name). We hold that the Fishes did not…