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KYHOS v. PERPETUAL SAVINGS AND LOAN ASSOCIATION

No. 72-1607.

480 F.2d 204 (1973)

Thomas F. KYHOS et al., Appellants, v. PERPETUAL SAVINGS AND LOAN ASSOCIATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Dillard C. Laughlin, Arlington, Va., (Phillips, Kendrick, Gearheart & Aylor, Arlington, Va., Samuel Scrivener, Jr., and Scrivener, Parker, Scrivener & Clarke, Washington, D. C., on brief), for appellants.

George P. Blackburn, Jr., Springfield, Va. (John L. Scott and Scott, Blackburn & Clary, Springfield, Va., on brief), for appellee.

Before WINTER and RUSSELL, Circuit Judges, and MURRAY, District Judge.

WINTER, Circuit Judge.

Thomas F. Kyhos and others, shareholders of Perpetual Building Association (Perpetual Building), brought a class action on behalf of all shareholders against Perpetual Savings and Loan Association (Perpetual Savings) to restrain the latter from using the generic word "Perpetual" as part of its corporate name, and to obtain an accounting of profits with an award of damages for alleged wrongful appropriation of the trade name "Perpetual." Perpetual...

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