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PIKE v. RUBY FOO'S DEN, INC., OF MARYLAND

Civ. A. No. 3296-53.

116 F.Supp. 336 (1953)

PIKE et al. v. RUBY FOO'S DEN, INC., OF MARYLAND et al.

United States District Court District of Columbia.

November 10, 1953.

Attorney(s) appearing for the Case

Ward B. McCarthy, Washington, D. C., for plaintiffs.

Manuel J. Davis, Washington, D. C., for defendants.

James C. Toomey, Washington, D. C., receiver, pro se.

KEECH, District Judge.

I hold that the trade name "Ruby Foo's" used by the restaurant in the District of Columbia is an asset of the corporation, Ruby Foo's Den, Inc.

A trade-mark or trade name is merely a protection for the good will of a business, and is not the subject of property except in connection with an existing business. Hanover Star Milling Co. v. Metcalf, 240 U.S. 403, 412-414, 36 S.Ct. 357, 60 L.Ed. 713; United...

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