Wall v. Rolls-Royce of America
| Decision Date | 05 March 1925 |
| Docket Number | No. 3265.,3265. |
| Citation | 4 F.2d 333 |
| Parties | WALL v. ROLLS-ROYCE OF AMERICA, Inc. |
| Court | U.S. Court of Appeals — Third Circuit |
Samuel H. Nelson, of Newark, N. J., for appellant.
Arthur F. Egner, of Newark, N. J., for appellee.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
The appellant, Howard Wall, doing business under the name Rolls-Royce Tube Company, assigns for error the action of the Court below in enjoining him from using the name Rolls-Royce in carrying on his individual business. From the record and statement made at bar it appears Rolls-Royce is a hyphenated combination of the family names of the two founders of the British Corporation, Rolls-Royce, Limited; that said firm manufactured automobiles and aeroplanes and parts thereof; that by reason of the high standard of its product and the volume and spread of its trade the name Rolls-Royce has become associated all over the world with the excellence of its product, and is associated in the public mind with high-grade work, and gives its owners an established, distinctive, and valuable business asset; that the plaintiff, Rolls-Royce of America, Incorporated, is a Delaware corporation, chartered in 1919 for the purpose of acquiring, extending, and increasing in the United States the business of the British Rolls-Royce Company, and has since been engaged in said business of making automobiles, aeroplanes, and parts thereof; that the defendant is an individual engaged in the business of selling radio tubes by mail; that he has no connection with either of said Rolls-Royce companies; that he has no one associated with him in business, and no connection with or permission from any person by the name of Rolls-Royce, nor any license from either of said companies to use said names of Rolls-Royce; that trading as an individual, and without any person being associated with him, or without any incorporation by that name, and without his individual name being used, he has entered into a mail order business, where he does not come into personal contact with customers, but procures them by advertisements which do not mention him as an individual, but use the name "Rolls-Royce Tube Company." His advertisements describe his radio tubes by quotation marks as "Rolls-Royce" radio tubes, and that such tubes are, "like their name, significant of quality." The advertisement directs correspondence be sent to "Dept. A. of the Rolls-Royce Tube Company," thus giving the suggestion of...
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