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Show CADILLAC CO, FILES INPRITOM SUIT Attempt to Force Spurious "Cadillac" on Market Is Responsible. According to Sam Sharman, manager of the Sharman Auto company, local Cadillac Cadil-lac distributers, an attempt to force a spurious "Cadillac" on the market has been made by tho "Cadillac Auto Truck company of Cadillac, Michigan." The account of the affair received by Sharman Shar-man from the Cadillac Motor Car company com-pany follows: Claiming that Its exclusive ownership owner-ship of the name "Cadillac," as applied ap-plied to motor vehicles, is being infringed in-fringed upon, the Cadillac Motor Car company of Detroit has filed suit for injunction against the Cadillac Auto Truck company of Cadillac. Mich. The court is asked to restrain- the latter company from using its present pres-ent name or the name "Cadillac" or any other name prejudicial to the interests in-terests of the plaintiff. The basis for the suit is the manufacture man-ufacture of the Cadillac truck, of which the plaintiff says it has sold 2'ib in the last three years. The plaintiff further recites that the defendant de-fendant has advertised its product, the Acme truck, in such manner as to lay undue emphasis on the name "Cadillac." The Cadillac Motor Car company says it has received many letters which show that confusion exists ex-ists in the public mind. To establish its title to Its name, the Cadillac Motor companv cites its own history. It succeeded the Cadillac Cadil-lac Automobile company, it savs, on October 22, 1905. It points out that the Cadiiiac Auto Truck company was organized nearly ten years later, on September 7, 1915. The Cadillac Motor Car company's statement goes on to say that the company com-pany took its name from Antoine de la Mot he Cadillac, the founder of Detroit. It employs the old French count's coat-of-arms as its trademark, the same having hav-ing been registered on August 7, 1906. It also cites the registration of the nam "Cadillac" as applied to motor vehicles. "During this time," the statement says, "the name and trademark 'Cadillac' as applied to motor vehicles, motor vehicle parts and accessories, is. and for many years has been, associated In the minds of the motor vehicle trade and of the public, not only in the United States, but throughout the entire civilized world, with the product of the plaintiff." The plaintiff claims to have manufactured manufac-tured nrre than lnO.000 motor cars since its organization, and to have a yearly output of 13.000 to 20,000 cars. Alleging that the name "Cadillac was chosen by the truck manufacturer "with intent to confuse, mislead and deceive," the petition asks a temporary restraining restrain-ing order and a permanent Injunction scrainst the defendant after the case shall have been heard on its merits. |