Opinion
No. 31849
Decided July 20, 1949.
Supreme Court — Appellate jurisdiction — Case originating in Court of Appeals — Contempt for violating injunction decree of that court — Section 2, Article IV, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
The Stern Furniture Company instituted an action to enjoin the defendants from using the names, "Stern," "Stern Furniture," "Stern Bros." or "Stern Bros. Co." in connection with their retail furniture and household appliance business.
The Court of Common Pleas entered a decree in favor of the plaintiff.
The Court of Appeals in an appeal on questions of law and fact entered a decree granting an injunction against defendants from using the trade names, "Stern's," "The Stern Furniture Co.," "Stern Bros.," "Stern Bros. Company" or any other combination of the name, "Stern," with the word, "Furniture," upon any sign, advertisement or other printed matter in connection with any presentation or program by radio or in any other way in the conduct of their furniture business at their then location or in that business district in Cleveland, so long as the plaintiff or its successors entitled to such trade names shall continue to use the same in such territory. The decree did not enjoin the defendants from using the name, "Stern Bros. Appliance Company," in combination with language indicating the location of their place of business.
The plaintiff filed in the Court of Appeals a motion in contempt. The Court of Appeals found the defendants had violated its decree by failing to remove the name, "Stern Bros.," from the front of the show window of their premises and by emphasizing unduly and making more prominent and conspicuous the words, "Stern Bros.," in their newspaper advertisements.
An appeal as of right was perfected to this court. A motion to dismiss the appeal was filed by the plaintiff.
Mr. Sidney N. Weitz, for appellee.
Mr. Gabriel Leeb, for appellants.
A proceeding in contempt, instituted in the Court of Appeals for the violation of its former order, is a case originating in the Court of Appeals within the meaning of Section 2, Article IV of the Constitution, and an appeal as of right may properly be filed in this court. Cady v. Cleveland Worsted Mills Co., 126 Ohio St. 171, 184 N.E. 511.
The Court of Appeals found there had been specific violations of its decree in injunction. From an examination of the record we are of the opinion that the finding in contempt was warranted.
The motion to dismiss the appeal is overruled and the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.