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KOOLVENT METAL AWNING CORP. v. PRICE

368 Pa. 528 (1951)

KoolVent Metal Awning Corporation of America, Appellant, v. Price.

Supreme Court of Pennsylvania.

November 15, 1951.

Attorney(s) appearing for the Case

Coleman Harrison, for appellants.

Julian Miller, with him Brown, Critchlow, Flick & Peckham, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, November 15, 1951:

Plaintiff, manufacturer of KoolVent Aluminum Awnings, filed a bill in equity to enjoin defendant from using the name "Cool-Ray" in the sale of aluminum awnings and from persisting in unfair trade practices and for an accounting and damages. The chancellor, after hearing, dismissed the bill. The case turns on two narrow questions: Had the plaintiff's trade name or trade-mark acquired a special or secondary meaning; and...

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