John Beard Memorial Foundation v. Krebs

DOOLING, J.

Plaintiff sued to enjoin defendants from using the name John Beard Memorial Foundation in connection with defendants’ laboratory work devoted to cancer research. Defendants answered and cross-complained alleging prior adoption and use of the name and asked that plaintiff be prohibited from using it. The court first granted judgment for plaintiff but on motion for new trial the findings were amended to read that the parties were the joint and several owners of the name and entitled to the joint and several use thereof and judgment followed accordingly. Defendants did not appeal on their cross-complaint, but plaintiff foundation appeals from the amended judgment.

The appellant foundation, a nonprofit corporation, was incorporated in 1944 under the name “University Research Foundation” and from late in 1944 or early in 1945 until the end of 1946 Dr. Gurehot, representing the foundation, worked without charge to himself in the laboratory belonging to defendant Dr. E. T. Krebs, and in collaboration with the two defendants. During 1944 the name of John Beard had been discussed between Dr. Gurehot and the defendants because their experiments had been inspired by a book by the scientist John Beard. The name “John Beard Memorial Foundation” was in use during 1946, particularly in articles published by Dr. Gurehot and E. T. Krebs, Jr., with the collaboration and approval of Dr. E. T. Krebs. The laboratory earned no income and there was no attempt to organize in any formal manner nor was there any specific agreement or filing of certificate of doing business under a fictitious name. Rather there was but a loose working arrangement which suited the convenience and purposes of the parties at the time.

As a result of personal differences early in 1947, Dr. Gurehot terminated the collaboration and his use of the laboratory and on January 20, 1947, the corporate name of University Research Foundation was changed to John Beard Memorial Foundation without the knowledge or consent of the defendants. Dr. Gurehot severed all connections with defendants by June, 1947. Thereafter both plaintiff and defendants con-

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tinned the nse of the name John Beard Memorial Foundation in connection with the work which was thenceforth carried on by each independently of the other.