American Oil Co. v. Norkus

• Decision Date: 22 March 1948
• Docket Number: 2437
• Parties: American Oil Company v. Norkus et al., Appellants
• Court: Pennsylvania Supreme Court

57 A.2d 868

358 Pa. 407, 77 U.S.P.Q. 242

American Oil Company v. Norkus et al., Appellants

No. 2437

Supreme Court of Pennsylvania

March 22, 1948

Argued January 19, 1948

Appeal, No. 213, Jan. T., 1947, from decree of C.P. No. 3 Phila. Co., Sept. T., 1946, No. 3261, in case of The American Oil Company v. John J. Norkus et ux., trading as American Oil Burner Service et al. Decree affirmed.

Bill in equity. Before MacNEILLE, P.J.

Adjudication filed finding for plaintiff and final decree entered awarding plaintiff injunctive relief. Defendants appealed.

Decree affirmed, costs to be paid by appellants.

Roy Pressman, for appellants.

Harry Polish , for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES JJ.

OPINION

MR. JUSTICE LINN

Defendants appeal from a decree enjoining them from continuing certain unfair trade practices. The plaintiff, American Oil Company, is a Maryland corporation that has been doing business in Pennsylvania since 1922 and in and about Philadelphia since 1925. It is engaged, inter alia, in selling gasoline, motor oil, furnace oil and petroleum products in every state on the Atlantic seaboard and spends large sums in advertising. Since May, 1945, it has also been engaged in Philadelphia in servicing oil burners.

In November, 1945, the defendants began doing business in Philadelphia as the "American Oil Burner Service." The evidence supports the findings of fact made by the learned chancellor, which, having been approved by the court in banc, have the effect of the verdict of a jury. Among these findings were the following: "4. By reason of the extensive business of and advertising by the plaintiff, the words 'American' and 'American Oil' in the petroleum field have for many years come to signify in the mind of the public the business and products of the plaintiff....

"10. Some time in March, 1946, the defendant John J. Norkus, acting on behalf of both defendants, contacted the plaintiff company and unsuccessfully sought to make an arrangement with it to handle plaintiff's oil burner service business.

"11. Defendants adopted the fictitious name 'American Oil Burner Service' with knowledge of its similarity to that of the plaintiff's corporate name 'American Oil Company', and with the intent to cause confusion in the mind of the public, and appropriate to themselves some of the good will and trade of the plaintiff company.

"12. By reason of the similarity of the names 'American Oil Company' and 'American Oil Burner Service' there will be a tendency to deceive and confuse the public mind."

The defendants did not testify and called no witnesses. On the facts the decree followed as of course. The case is clear and is ruled by Thomson-Porcelite Co. v. Harad, 356 Pa 121, 123, 51 A.2d 605; Hartman v. Cohn, 350 Pa. 41, 38 A.2d 22; Northern Metal Co. v. Maier, 337 Pa. 257, 11 A.2d 140; Quaker State Oil Refining Co. v....