Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Material Men’s Mercantile Association, Limited, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 17th day of June, 1915, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to enjoin the defendants from conducting their business under their corporate name. The grounds upon which the plaintiff seeks to maintain the action are that the words “Material Men’s,” in the corporate name of plaintiff, have by long user in its business acquired a secondary meaning and are generally understood in the trade as referring to the plaintiff and its business; that the business of plaintiff and defendant being the same, the corporate name of the defendant is so similar to that of the plaintiff that it is calculated to mislead the public, and…
2Cases cited20 opinions
- L. E. Waterman Co. v. Modern Pen Co.Supreme Court of the United States · 1914
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
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3Cited by18 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Standard Oil Co. of Maine v. Standard Oil Co. of New YorkCourt of Appeals for the First Circuit · 1930
- M. M. Newcomer Co. v. Newcomer's New StoreTennessee Supreme Court · 1919
- Continental Corrugated Container Corp. v. Continental Group, Inc.District Court, S.D. New York · 1978
- Mitchel H. Mark Realty Corp. v. HirschAppellate Division of the Supreme Court of the State of New York · 1917
13 more not listed; retrieve them via the Exa API.