COUNIHAN, J.
These are two suits in equity which were heard together. They arise out of a controversy over the ownership and use of a trade name and trade mark known as "Tuff Oak" to describe a certain type of top lift or heel plate for men's shoes.
The plaintiff Russell in the first suit is the president and one of the principal stockholders in Tuff Oak Top Lift Company, Inc., hereinafter called Top Lift, a corporation manufacturing top lifts. Top Lift is...
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