Clode v. Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Scribner’s Sons, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of January, 1922, granting plaintiff’s motion to strike out the first and second defenses of the amended answer.
1Opinion of the CourtSmith, J.
The action is brought to restrain the defendant from the use of the words “ Drawing Made Easy,” as a title to a book sold by the defendant, on the ground of unfair competition and infringement of plaintiff’s trade-mark. The plaintiff, about 1918, published a *533series of books which he entitled “ Dressmaking Made Easy,” “ Drawing Made Easy,” “ Spelling Made Easy,” “ Bookkeeping Made Easy,” and others, all in the series using the words “ Made Easy.” The use of the words “ Made Easy ” by the defendant in connection with the book in question is claimed by the plaintiff to mislead the public into…
2Cases cited7 opinions
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- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Wolfe v. GoulardNew York Supreme Court · 1859
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
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3Cited by6 opinions
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