The opinion of the court was delivered by: BARD
This is an action by Gerbron, Inc., against Gerbron Cleaners, Inc., Walter H. Gerbron, Walter J. Gerbron, Anita Gerbron, individually and trading as Gerbron Service Cleaning & Dyeing, and Joseph Myers, charging unfair competition by the defendants as a result of their engaging in the cleaning and dyeing business under names alleged to be deceptively similar to the trade name "Gerbron" claimed by the plaintiff. From the evidence I make the following special.
1. Plaintiff is a Delaware corporation incorporated in 1932, since which time it has continuously engaged in the retail cleaning and dyeing business and has identified and advertised its services by the name "Gerbron".
2. Prior to 1936 the name "Gerbron" had won public acceptance in Philadelphia and vicinity as identifying the services of the plaintiff, and it continues to be so accepted.
3. Defendant Gerbron Cleaners, Inc., a Pennsylvania corporation, was incorporated in 1936 by the defendant Walter H. Gerbron, and is engaged in the cleaning and dyeing business.
4. Defendant Walter H. Gerbron is president and his son, Walter J. Gerbron, is secretary of the corporation.
5. The defendant Anita Gerbron is the wife of Walter H. Gerbron, and since April 18, 1941, has been registered under the fictitious name of "Gerbron Service."
6. The defendant Joseph Myers, in April of 1941, opened a store under the name of "Gerbron Service" at 1202 E. Chelten Avenue.
7. The matter in controversy exceeds the sum of $3,000.
9. Defendants' use of the name "Gerbron" to identify services rendered by them has caused confusion in the minds of the public so that members thereof deal with the defendants in the belief that they are dealing with the plaintiff.
10. Plaintiff has been aware of the existence and operation of the defendant ...