GORDY v. DUNWODY

18105.

209 Ga. 627 (1953)

74 S.E.2d 886

GORDY v. DUNWODY et al.

Supreme Court of Georgia.

Decided February 24, 1953.


Attorney(s) appearing for the Case

Clarke & Anderson, Paul H. Anderson, Wallace Miller Jr. and Miller, Miller & Miller, for plaintiff in error.

Hall & Bloch and Denmark Groover Jr., contra.


DUCKWORTH, Chief Justice.

1. That the petitioner by long use and registration had acquired a right to the trade-mark and trade name "The Varsity," is clearly shown by the petition. Therefore, at the outset it is necessary to determine whether or not this trade name and trade-mark of the petitioner is infringed and imitated by the trade name of the defendants, which is "Varsity Drive-in." It is readily seen that the word "Varsity" is common to both and the other words...

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