International Electric Co. v. International Electric Fence Co.

Appellant sued to enjoin appellees from using the trade-mark “international” on electric fencers and allied products, assert ing an exclusive right thereto in itself. Appellees, on the basis of the same prior use relied on by appellant, claimed a concurrent right to use the mark in the eleven far western states. The trial court determined that appellees’ claim of concurrent right was supported by the weight of the evidence, and it rendered judgment accordingly.

The real actors in this obscure episode, all of whom were witnesses on the trial, are three individuals, Turk, Hughes and Soper. The corporate parties are little more than window dressing. Appellant, an Illinois corporation, was organized by Turk in 1944 and is almost wholly owned by him. The appellee Washington corporation, jointly organized in 1941 by Turk and Hughes, has since 1944 been entirely owned by Hughes.

The trade-mark “International” appears to have been adopted and first used on electric fencers and allied products about the beginning of 1938 by Turk and Soper, who formed an Oregon corporation called International Electric Fence Co. for the distribution and sale of fencers. The venture proving unprofitable,…