Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-05-09
DISTRICT JUDGE MAKES SUR
PRISiNG RULING IN TRADE
=. g CASE AT cREsToN.
RIVAL FIRM PERMANENTLY
ENJoiNED By JUDGE EVANS
Court Rules Man First in Cleaning
Business Has Exclusive Right to Call
Establishment "Pantorium"
Delivery of Packages Caused Suit to
Be Comnenced.

Creston. May e.-Fred A. Henderson
alone can use the word ''pantortum" in
conducting his business N Creston.
This was decided when Judge Evans
rendered an opinion on the suit
brought by Mr.. Henderson against
Lowe & Brummett, OF this city. The
suit was tried at the last term Of court
and was taken under advisemenI the
opinion being received yesterday oy
Clerk of Courts Bea uInont. II IS 3 COM
Henderson and his attorney. Kenneth
Davenport, are naturally very much
please
The suit was an unusual one and at
tracted considerable attention. The
plaintiff secured a temporary injunc-
ton some time ago restraining Lowe &
Brummett from using the word ~pantor-
ium'' in conducting their business and
the suit now decided was for the pur-
pose Of making the temporary irjunc-
ton permanent.
Following is part Of Ihe opinion Of
Judge Evans granting the PRAYER OF the
plaintiff for a permanent injunction:
The question for the court TO deter
mine is as 20 the plaintiffs exclusive
right TO use the word 'pantor:um' N
the cizy of CrestoE as against the de-
PENDANTS.
The court has read the authorities
with considerable care and attention
and the law seems to be quite plain.
but the application Of the law to the
Facts involved in this case are not so
case in a large measure rests upon its
own foundation and environment. But
in view Of the fact that the evidence
discsoses that a number Of mistakes
have been made IN which work has
been sent to the defendants when it
was intended for the plaintiff, and in
view Of the tacr that the plaintiff has
established beyond any question very
fine reputation as a cleaner, presser
and dyer and that he has established
turnout the surro undng towns in
counties within fifty miles Of Creston
reputation which has attracted trade,
the court IL Of the opinion that 1t
amounts to unfair competition and IN
fair trade Cor the defendants to use
the word 'pantorium-
s. Persons not living IN Creston who
are somewhat familiar with the fact
of Henderson Pantori1m being located
there, many VI them having had work
done. there which was satisfactory. are
inclined to send their goods addressed
to the Creston PanDrium and for that
reason the defendants make demand
for the delivery Of the parcels TO them
when beyond doubt very large part.
If not ALL are intended for the plain
tiff, the defendants having no reputa-
ton except a lfmtted one in the i'm
mediate vicinity or-locality where they
are doing business. The men who pre-
coded them had very limited business
and the defendants have but recently
started IN the work and in the very
nature Of things regardless of the
character of their work they could not
be known to any corrsH cradle extent.
The court thinks it would be unfair to
allow them TO capitalize reputation and
good name of plaintiff by using a
name which attracts business from him
and gives defendants class Of bust
ness which is not intended for them