Does a defendant have a right to use trade-names of a competitor's product without the consent of a third party?

MultiRegion, United States of America

The following excerpt is from Stork Restaurant v. Sahati, 166 F.2d 348 (9th Cir. 1948):

In Garcia v. Garcia, D.C. Wis., 197 F.

[166 F.2d 358]

637, 641, it was said: "* * * the defendant's claim that his annual product is so small as not to make him a competitor of the complainants cannot be urged as supporting a right to use complainants' valuable trade-names as a means, possibly, to extend his business. If complainants have the right to stop the use of such names, they can exercise it regardless of the extent of defendant's business."

[166 F.2d 358]

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