HOWARD D. JOHNSON CO. v. ROBBINS LIGHT, INC.


328 Mass. 46 (1951)

101 N.E.2d 348

HOWARD D. JOHNSON COMPANY vs. ROBBINS LIGHT, INC.

Supreme Judicial Court of Massachusetts, Barnstable.

November 5, 1951.


Attorney(s) appearing for the Case

E.O. Proctor, (R.K. Lamere with him,) for the defendant.

J.T. Brennan, (E.J. Durgin with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

Each of the parties insists upon its right as against the other to the exclusive use of the trade name "Howard Johnson's" and of a distinctive and well known type of sign of peculiar construction bearing that name, at its roadside restaurant in Falmouth. The two restaurants are less than a quarter of a mile apart. In the Superior Court the trial judge entered a decree permanently enjoining the defendant from the use of the name and sign and dismissing the...

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