TRADE MARKS AND TRADE NAMES -- INJUNCTION AGAINST NON-COMPETITORS

Plaintiff, Hugo Stein, began business in 1906 as Hugo Stein Cloak Company. Starting in the same year, defendant, S. B. Stein, continuously transacted a jewelry business variously as an individual, a partnership and finally, since 1931, as a corporation. Immediately prior to defendant's incorporation, plaintiff moved to within four doors of defendant. Plaintiff for thirty years consistently advertised as "Stein's," while defendant never did so, at least without additional description, until 1936, at which time it changed its store front and newspaper advertisements to correspond to plaintiff's. There was evidence that numerous people inquired at plaintiff's for jewelry.

Held, defendant should be enjoined from using the word "Stein's" standing alone, in connection with its business. Hugo Stein Cloak Co. v. S. B. Stein & Son, 58 Ohio App. 377, 16 N. E. (2d) 609 (1937).