National Van Lines, a Corporation v. Alfred E. Dean, Trading Under the Firm Name of National Transfer & Storage Co.

This is an action for injunctive relief, an accounting, and damages. It is based un the asserted infringement of a registered service mark, unfair competition, and breach of contract. Judgment was entered for defendant, and plaintiff appeals.

Appellant, National Van Lines, Inc., is an Illinois corporation. It engages in the nation-wide business of moving household goods by motor van. The forerunner of the present company was started in 1928, under the name “National Shippers & Movers.” In about 1930, thé company began using this name, placed horizontally on a shield with vertical .stripes, as a service mark.

In June, 1934, the business was incorporated under the name “National Van Lines, Inc.” The service mark was then .changed to its present form.. It shows the-new'name in blue .or black, between heavy red or black lines, across the middle of a shield. The upper part of the shield is in blue or black, across which the words “Nation Wide” appear in white. The lower part of the shield, outlined in blue or black, consists of red and white, or black and white, vertical stripes.

Late in October, 1944, appellant and appellee, Alfred E. Dean, entered into negotiations looking to the…