13 Trademark Rep. 327 (1923)
Yellow Cab Co. v. Creasman

handle is hein.journals/thetmr13 and id is 389 raw text is: YELLOW CAB CO. V. CREASMAN

YELLOW CAB Co. v. CREASMAN
(117 S. R. Rep. 787)
Supreme Court of North Carolina
June 8, 1923
UNFAIR COMPETITION--GOOD-WILL-WHEN PROTECTED.
When a manufacturer, dealer or proprietor of a business has
established a patronage and good-will of substantial value, the same
will be protected from unfair competition on the part of a rival.
UNFAIR COMPETrIIoN-DEFINED.
It will be considered unfair competition when a business rival
adopts for his own business a sign or symbol in such apparent imita-
tion of the competitor's as will likely mislead his customers and the
public as to the identity of the goods sold or service rendered.
UNFAIR COMPETITION-IMITATING COLOR AND DRESS OF TAXICABs-APPEAL-
REVERSAL.
After plaintiff had introduced a taxicab service into the city of
Asheville, N. C., and had distinguished its cabs by the use of yellow
and black colors, in a particular arrangement and pattern, and had
by advertising and use identified its cabs in the public mind with
such features, the defendant, by starting a competing business with
cabs painted in orange and -black colors resembling those of plaintiff,
was guilty of unfair competition; and the judgment appealed from
dissolving the preliminary injunction is reversed.
In equity. Action for unfair competition. From a judgment
dissolving a preliminary order, plaintiff appeals. Reversed.
The action, and the temporary order heretofore issued in fur-
therance of same, is to restrain defendant from using on the streets
of Asheville for public hire any automobile or taxicabs painted
yellow, and made to resemble or imitate in form and color the taxi-
cabs now and heretofore in use by the plaintiff, the Yellow Cab
Company, etc. On the hearing there was judgment dissolving the
preliminary order, and plaintiff excepted and appealed.
Harkins 4- Van Winkle and Guy Weaver, all of Asheville,
N. C., for appellant.
F. A. Sondley and Mark W. Brown, both of Asheville, N. C.,
for appellee.
HOKE, J.: At the hearing there were facts submitted on part
of plaintiff tending to show:

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