Reid

This is an appeal by the plaintiff from a decree adjudging defendant to be the owner of the right to use the names of “Reid’s Drugs,” “Reid’s,” “Reids Drugs,” and “Reid’s Drugstore,” in connection with the operation of a drugstore business in Berkeley which he purchased from the plaintiff. The action was brought by the plaintiff seeking an injunction to restrain defendant from using the foregoing designations in connection with his business. The defendant filed a cross-complaint alleging that the names heretofore referred to had become trade names in connection with said business; that the right to use said names was a part of the business and goodwill of the business sold by the plaintiff to the defendant and asked that he be protected in the use of the same. Considerable evidence was introduced and some conflicts appear therein, but there is evidence to support the following findings from which the material facts of the case will appear:

That from about May 1, 1915, to January 11, 1918, the plaintiff R. L. Reid did not engage in the drug business alone, but during almost all of said time said R. L. Reid was associated with H. L. Reid in the carrying on of the drug and pharmacy…