141 Ga. 464 | Ga. | 1914
(After stating the foregoing facts.) We are of the opinion that the court did not err in granting the injunction in this case. While this is not strictly' a trade-mark case, as where the owner of the trade-mark or the assignee of such, who acquired it either by express contract or purchase of the assets and good will of the one who was the original' owner of the trade-mark, seeks injunction against infringement, it is analogous to such a case. The Atlantic Ice & Coal' Corporation was the purchaser, not only of all the assets' of the Athens Ice '& Coal Company, except certain stock on hand and accounts, but of the good will of the Athens Company. The term “good will” has received various definitions;
In the present case the Atlantic Company, the purchaser of’the good will of the Athens Company, is entitled to all those advantages which generally inure to any purchaser holding itself out to the public as succeeding to an enterprise which has been so conducted in the past by the predecessor of the purchaser as to gain good name, repute, and patronage. The purchaser of the assets and good will of the Athens Company has the same stand or location of business as its predecessor; on the top of the building in which is located the ice plant which now belongs to the Atlantic Company, and formerly belonged to its predecessor, is the sign “Athens Ice & Coal Company,” which sign is in a most conspicuous
Injunction affords the only adequate remedy and protection to the imperiled rights Of the Atlantic Ice & Coal Corporation, and the court properly- granted the injunction. Having held that the injunction was properly granted upon the suit of the Atlantic Ice & Coal Corporation; it is not necessary to decide whether the Athens Ice & Coal Company made a case entitling them to injunctive relief. .
Judgment affirmed.