Appeal, No. 250, Jan. T., 1953, from decree of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1952, No. 4768, in case of Platon Peters v. George Machikas and Speros Kellos, trading as Majestic Grille. Decree reversed; reargument refused June 28, 1954. Bill in equity. Before MacNEILLE, P.J. Adjudication filed finding for defendants; exceptions to adjudication dismissed and final decree entered. Plaintiff appealed.
Joseph Rappaport, with him Samuel Blank and Rappaport, Lagakos & Blank, for appellant.
Horace M. Barba, with him Barba & Eiseman, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Platon Peters, an individual trading under the fictitious name of "Majestic Restaurant" which is located at 2442 Kensington Avenue, Philadelphia, filed a complaint in equity to restrain defendants, who are also engaged in the restaurant business at 3171 Kensington Avenue, Philadelphia, from using the trade name of "Majestic Grille". Defendants' restaurant is on the same street as plaintiff's, approximately 7 blocks away.
We summarize the Chancellor's findings:
In 1924 plaintiff, defendant Machikas, and George Anagnastou formed a partnership to operate a restaurant under the name of "Majestic Restaurant" at 2442 Kensington Avenue, Philadelphia. In 1932 that partnership established another restaurant under the name of "Majestic Restaurant" at 13th and Arch Streets. In 1936 that partnership established another restaurant under the name of "Majestic Restaurant" at 3171 Kensington Avenue, where defendants at the present time conduct their restaurant.
In 1949 the partnership sold a one-half interest in the restaurant at 3171 Kensington Avenue to James Krassas and the name of the restaurant was changed to "Betsy Ross Restaurant".
On February 9, 1950 the partnership was dissolved and the assets distributed as follows: Plaintiff was given the restaurant located at 2442 Kensington Avenue, known as the "Majestic Restaurant"; defendant Machikas was given the restaurant at 3171 Kensington Avenue known as the "Betsy Ross Restaurant" and other assets not here relevant. One paragraph of the agreement of dissolution provided that "Peters [plaintiff]
shall have the full right to the name of Majestic Restaurant at 2442 Kensington ...