ÆTNA CASUALTY & SURETY CO. v. ÆTNA AUTO FINANCE

No. 9776.

123 F.2d 582 (1941)

ÆTNA CASUALTY & SURETY CO. v. ÆTNA AUTO FINANCE, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 16, 1941.


Attorney(s) appearing for the Case

Frank E. Spain and H. H. Grooms, both of Birmingham, Ala., for appellant.

Harvey Deramus, of Birmingham, Ala., and Butler Disman, of Kansas City, Mo., for appellee.

Before HUTCHESON and McCORD, Circuit Judges, and MIZE, District Judge.


HUTCHESON, Circuit Judge.

The suit was brought by appellant to enjoin appellee form using as its corporate name "Aetna Auto Finance, Inc." The gist of the complaint as appellant's brief states it, was that defendant, a newly formed company, loaning money to automobile owners, and furnishing insurance on their cars, in connection with the loans, has chosen the name by which plaintiff has, for a long time been known, and has imitated its advertising, and is thereby...

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