viking xt1 quick response chrome pendent fire sprinkler provides reliable and easily installed protection against fire in ordinary-temperature applications. this sprinkler replaces and improves upon the viking vk302, with a reduced size (as short as 13/16 in. viking xt1 quick response chrome pendent fire sprinkler has a 5.6 k-factor and installs with 1/2 in.
with a maximum working pressure of 250 psi (17.2 bar – ul approval) or 175 psi (12.1 bar – fm approval), this pendent sprinkler hangs from above-ceiling piping and may be installed in accordance with nfpa 13 and local fire codes. each xt1 sprinkler is made by viking, a global leader in fire protection manufacturing for nearly 100 years. in accordance with nfpa 13, a higher temperature rating may be required when installing a fire sprinkler in or near heat sources, unventilated spaces, uncovered steam mains, or uninsulated rooftops.
intervenor, the viking corporation, sought damages from plaintiff for its use of the term “viking” in its business name and to restrain it from such use in the future. on june 23, 1965, plaintiff commenced its action against defendant, seeking damages by reason of the conduct of defendant in doing business under a name so similar to that of plaintiff and praying for the judgment of the court that defendant be restrained from doing business in the state of minnesota under the firm name and style of “viking fire protection company.” intervenor alleged that plaintiff acquired its initial right and authority to use the term “viking” pursuant to a license granted by intervenor to the organizer of plaintiff, one vallila, in november 1924 and that plaintiff is now barred or estopped from preventing the use of the term in conjunction with the sale of intervenor’s products by intervenor or its duly authorized licensees. the record does support the findings that plaintiff has continued to do business as a sales agent and installer of fire protection equipment or automatic sprinkler systems without interruption from its incorporation in 1924 to the present and has an established business of selling and installing such equipment in minnesota which it has built up under its corporate name; that by continuous use since 1924 plaintiff has acquired an exclusive right to and a protectible interest in its corporate name with reference to the sale of fire protection equipment of the kind it sells and installs in the territory where it has operated under that name; that until the commencement of this action intervenor had never objected to plaintiff’s doing business under its corporate name, although well aware that plaintiff was so doing, and acquiesced in its doing so; and that defendant by adopting and doing business in this state under its name has unfairly used a confusing simulation of plaintiff’s trade name.
366): in the instant case plaintiff presented evidence establishing its use of its corporate name since 1924 and evidence from which the trial court could properly find that defendant’s use of its present corporate name in this statebegun by its subsidiary in december 1964 and by defendant april 23, 1965has caused confusion among customers and prospective users of fire protection equipment. thus, there is no evidence that the designation adopted by plaintiff in 1924 was done under authorization of intervenor or with its consent. defendant proved without dispute that there are a number of hotels in this country by the same name, as to which no confusion exists. as the trial court said in its memorandum, the case does not present a situation, the determination of which depends upon any question of laches on the part of intervenor, but rather it presents a state of facts which clearly shows that plaintiff’s right to the name it uses is prior to the rights of anyone else and that both intervenor and defendant by their conduct over a long period of years have recognized that fact.
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