Legal Opinion

Booth v. Jarrett

New York Court of Common Pleas

Decided November 15, 1876PublishedCited by 8 opinions

This suit is brought by Edwin Booth, as plaintiff, to restrain Messrs. Jarrett & Palmer, the defendants, from using the name “ Booth ” in connection with the theater heretofore known as “ Booth’s theater,” situated on the corner of Twenty-third street and Sixth avenue, and of which the defendants are lessees. In his complaint Mr. Booth also asks for $10,000 damages for the loss he claims to have sustained by the use already made of his name in this respect.

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This suit is brought by Edwin Booth, as plaintiff, to restrain Messrs. Jarrett & Palmer, the defendants, from using the name “ Booth ” in connection with the theater heretofore known as “ Booth’s theater,” situated on the corner of Twenty-third street and Sixth avenue, and of which the defendants are lessees. In his complaint Mr. Booth also asks for $10,000 damages for the loss he claims to have sustained by the use already made of his name in this respect. This motion is made on the part of plaintiff to temporarily restrain the use of his name pending the final determination of the action.

1Opinion of the CourtVan Brunt, J.

In or about the year 1868 the plaintiff, at the corner of Twenty-third street and Sixth avenue, in the city of Hew York, built a theater, which he called “ Booth’s theater.” From February, 1869, to the 30th of January, 1873, the plaintiff managed the said theater and obtained a great reputation for the said theater under the name of “ Booth’s theater.” On this last mentioned date the plaintiff executed a release to Junius B. Booth, of the theater in question, under the following designation: “All those certain premises situate on the southerly side of Twenty-third street, between Fifth and…

2Cited by8 opinions

  1. Wright Restaurant Co. v. Seattle Restaurant Co.Washington Supreme Court · 1912
  2. Messer v. FadettesMassachusetts Supreme Judicial Court · 1897
  3. Skinner v. OakesMissouri Court of Appeals · 1881
  4. Shubert v. Columbia Pictures Corp.New York Supreme Court · 1947
  5. Pepper v. LabrotU.S. Circuit Court for the District of Kentucky · 1881

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