F. M. Whiting Co. Agree to Change Their Name to Frank M. Whiting & Co.
The action brought by the Whiting Mfg. Co., New York, against the F. M. Whiting Co., North Attleboro, Mass., which was tried before Judge Pryor, of the Supreme Court, last November, as published in full in The Circular at that time, has at last been settled out of court, a result of negotiations covering a period of five months.
The suit was brought by the Whiting Mfg. Co. to restrain the defendant company from using a griflin trade mark (since discontinued), and from doing business under their corporate name of F. M. Whiting Co. by the settlement just consummated, the F. M. Whiting Co. consent to an injunction against the future use of their old trade mark, but all goods containing it are free from interference by the plaintiffs. They also consent to change their name from the F. M. Whiting Co. to Frank M. Whiting & Co., and have reincorporated under the latter name in the State of Rhode Island. The defendants also agree to pay $400, about one half the disbursements paid out by the plaintiffs.
It is agreed by the Whiting Mfg. Co. that the action against F. M. Whiting Co. and the actions brought against the defendants' customers to restrain them from selling F. M. Whiting goods be discontinued.
Source: The Jewelers' Circular and Horological Review - 5th May 1897