SNELL v. ENGINEERED SYSTEMS & DESIGNS, INC.

No. 486, 1994.

669 A.2d 13 (1995)

Eugene B. SNELL, Hugh R. Beaton, T. Wm. Brockenbrough, Jr., Clayton A. Minegar, Salvator Spada, Paul E. Crawford, John G.S. Billingsley, Wm. T. Sperry, Jr., Hugh Martin, V. Edwin P. Kuipers, Robert W. McClure, John E. Richter, Russell C. Jones, Thomas K. Kiefer, and Edward C. Elener, in their official capacities as the membership of the Council of the Delaware Association of Professional Engineers, an Agency of the State of Delaware, Plaintiffs Below, Appellants/Cross-Appellees, v. ENGINEERED SYSTEMS & DESIGNS, INCORPORATED, a Delaware corporation, Defendant Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: September 13, 1995.

Rehearing Denied: October 10, 1995.


Attorney(s) appearing for the Case

Michael F. Foster, Deputy Attorney General, Department of Justice, Wilmington, for appellants/cross-appellees.

Joseph M. Bernstein, Wilmington, for appellee/cross-appellant.

John L. Reed1 (argued) of White and Williams, Wilmington, Paul Cottrell, of Tighe, Cottrell & Logan, P.A., Wilmington, and Arthur Schwartz, of counsel, National Society of Professional Engineers, for amicus curiae National Society of Professional Engineers, Delaware Engineering Society, and Consulting Engineers Council of Delaware.

Before VEASEY, C.J., HARTNETT and BERGER, JJ.


VEASEY, Chief Justice:

In this appeal from the Court of Chancery, we consider whether Section 2825 of the Delaware Professional Engineers' Act, 24 Del.C., chapter 28 (the "Act"), may constitutionally prohibit Engineered Systems and Designs ("ESD") from using the term "engineered" in its trade name. The Council of the Delaware Association of Professional Engineers (the "Council") brought this action for a declaratory...

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