DUCKWORTH, Chief Justice.
1. That the petitioner by long use and registration had acquired a right to the trade-mark and trade name "The Varsity," is clearly shown by the petition. Therefore, at the outset it is necessary to determine whether or not this trade name and trade-mark of the petitioner is infringed and imitated by the trade name of the defendants, which is "Varsity Drive-in." It is readily seen that the word "Varsity" is common to both and the other words...
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