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AIR REDUCTION COMPANY v. AIRCO SUPPLY COMPANY

258 A.2d 302 (1969)

AIR REDUCTION COMPANY, Incorporated, a corporation of the State of New York, Plaintiff, v. AIRCO SUPPLY COMPANY, Incorporated, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle County.

October 14, 1969.

Attorney(s) appearing for the Case

Thomas S. Lodge, of Connolly, Bove & Lodge, Wilmington, and W. Brown Morton, Jr., of McLean, Morton & Boustead, Washington, D. C., for plaintiff.

Hugh L. Corroon, of Potter, Anderson & Corroon, Wilmington, for defendant.

MARVEL, Vice Chancellor:

Plaintiff seeks a permanent injunction against defendant's alleged infringement of plaintiff's long-established rights in the name and trademark Airco, a mark which it has registered many times and made closely guarded business use of for more than fifty years. Plaintiff has long since become known as Airco by its suppliers, customers and the public in general. The complaint specifically asks that defendant be enjoined from using the word...

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