Opinion
January 3, 1940.
February 1, 1940.
Trade names — Using name deceptively similar — Evidence — Findings of fact — Restatement, Torts.
1. A decree restraining defendant from trading under the name of "Great Northern Metal Co." or any other name deceptively similar to plaintiff's name "Northern Metal Company," was affirmed on appeal where it appeared that the evidence supported the findings of fact made by the chancellor and approved by the court in banc. [257-8]
2. Restatement, Torts, sections 716, 717, 727 et seq., cited. [258]
Argued January 3, 1940.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeal, No. 67, Jan. T., 1940, from decree of C. P. No. 6, Phila. Co., Dec. T., 1938, No. 5009, in case of Northern Metal Company v. Bernard Maier. Decree affirmed.
Bill in equity. Before FLOOD, J.
Exceptions to adjudication and decree nisi dismissed and final decree entered. Defendant appealed.
Errors assigned, among others, related to the action of the court below in dismissing the exceptions.
Frank A. Simons, with him Hyman Rubin, for appellant.
Lemuel B. Schofield, Judah Zelitch and W. Bradley Ward, for appellee, were not heard.
This appeal is from a decree restraining defendant from trading under the name "Great Northern Metal Co." or any other name deceptively similar to plaintiff's trade name "Northern Metal Company". The evidence supports the findings of fact made by the learned chancellor, approved by the court in banc; the decree must therefore be affirmed. See, generally, Geffen v. Baltimore Markets, Inc., 325 Pa. 509, at page 515, 191 A. 24; Restatement, Torts, sections 716, 717, 727 et seq. Costs to be paid by appellant.