Evans

This is an appeal by defendant, Laura M. Shockley, from an order awarding plaintiffs an injunction pendente Ute restraining defendant from using upon any place of business conducted by her, or in which she might be interested, and in any advertising or printed, written, or painted matter, or in any linen, table coverings, napkins, or silverware, the name “Mary Elizabeth” or “Mary Elizabeth’s” or “Mary Elizabeth of San Francisco,” or any colorable simulation thereof.

The application for said injunction was heard and determined upon the allegations of the verified complaint and upon certain affidavits filed on behalf of the respective parties.

From the record presented on said application the following facts appear. About the year 1897, in the city of Syracuse, state of New York, one of the plaintiffs, Mary Elizabeth E. Sharpe (formerly Mary Elizabeth Evans), who was then thirteen years of age, began making and selling candies to her friends, which soon became known about that city as “Mary Elizabeth’s” candies. Because of its good quality the candy soon came into much demand and in the year 1900 a copartnership was formed between the maker of said candies and the other plaintiffs…