AMERICAN RADIO STORES, INC., a corporation of the State of Delaware, vs. AMERICAN RADIO & TELEVISION STORES CORPORATION, a corporation of the State of Delaware., 17 Del. Ch. 127

Summary

Plaintiff was incorporated in Delaware and operated a number of stores in Philadelphia and elsewhere. Its business was selling radios and its name so indicated. Defendant was also incorporated in Delaware as a business that sold radios and television sets and its name was the same as that of plaintiff except that it added the word "television" to the name. Defendant operated stores in the Philadelphia area. Plaintiff filed an action seeking an injunction to restrain defendant from using its corporate name. The court rejected defendant's argument that the two businesses were not competitors, noting that both sold radios and related articles. The court also rejected the argument that the names were not similar enough to cause confusion, noting that plaintiff's evidence showed that some customers complained to it of faulty merchandise purchased from defendant, that plaintiff had been denied credit by a creditor who believed the two entities were affiliated, and that the city had fined ...