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LOUISVILLE TAXICAB & TRANSFER CO. v. YELLOW CAB T. CO.

No. 315.

53 F.Supp. 272 (1943)

LOUISVILLE TAXICAB & TRANSFER CO. v. YELLOW CAB TRANSIT CO.

District Court, W. D. Kentucky, Louisville Division.

December 30, 1943.

Attorney(s) appearing for the Case

Henry E. McElwain, Jr., Oldham Clarke, and Allen, McElwain, Dinning & Clarke, all of Louisville, Ky., for plaintiff.

Finley F. Gibson, Jr., of Louisville, Ky., and J. B. Dudley, Richmond R. Duvall, and Dudley, Duvall & Dudley, all of Oklahoma City, Okl., for defendant.

MILLER, District Judge.

This action, filed by the plaintiff, Louisville Taxicab and Transfer Company, seeks to enjoin the defendant, Yellow Cab Transit Company, from the use of the names Yellow Cab Transit and Yellow Transit Company in connection with its operations and advertising in Louisville, Kentucky, and vicinity. Plaintiff contends that it has a property right in the trade name "Yellow Cab" in the locality referred to, and that the operations of the defendant...

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