Fidelity Appraisal Co. v. Federal Appraisal Co.

Plaintiff is incorporated under the name of Fidelity Appraisal Company; defendant is incorporated under the name of Federal Appraisal Company.

By very prolix pleadings plaintiff charged defendant corporation and Arthur L. Froelich, attorney J. E. White, E. J. Bowater and certain fictitious parties with entering into and prosecuting a conspiracy to draw away its customers and business, and that as a means of accomplishing its purpose said Froelich, White and Bowater selected as the name of said defendant corporation the name Federal Appraisal Company, which name, it is alleged, was selected because it closely resembles plaintiff’s name, which circumstance would enable defendants to more readily confuse and mislead the business public as to the identity of the two corporations, to the damage of plaintiff and to the advantage of defendants. It was alleged and found by the court that Froelich and Bowater, who were the organizers of defendant corporation, were formerly employees of plaintiff, and as such employees business information came into their possession and to their knowledge, which they were wrongfully using in unfair competition with plaintiff in the solicitation of…