Legal Opinion
Varsity House, Inc. v. Varsity House, Inc.
District Court, E.D. New York
Decided January 17, 1974No. 73-C-1457PublishedCited by 3 opinions
1Opinion of the Court
JUDD, District Judge.
MEMORANDUM AND ORDER
In this action removed from the state court on the ground of diversity, plaintiff seeks a preliminary injunction against defendant’s use in New York of the identical name.
The case presents the problem of equitable adjustment between two corporations which have developed along parallel lines until a point of conflict.
Facts
The pleadings and affidavits establish the facts, essentially without dispute except as noted.
Plaintiff began business as a sole proprietorship in 1956, was incorporated in New York in 1959, and has developed a business of about…
2Cases cited15 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSupreme Court of the United States · 1973
- Safeway Stores, Incorporated v. Safeway Properties, Inc.Court of Appeals for the Second Circuit · 1962
- Triangle Publications, Inc. v. RohrlichCourt of Appeals for the Second Circuit · 1948
- Gulf & Western Industries, Inc. v. Great Atlantic & Pacific Tea Co.Court of Appeals for the Second Circuit · 1973
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3Cited by3 opinions
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980