Selchow v. . Baker
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made November 9, 1882, which affirmed an order of Special Term, granting a preliminary injunction restraining defendants from using the names “ Sliced Animals,” “ Sliced Birds,” “ Sliced Objects,” in connection with certain games or puzzles.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made November 9, 1882, which affirmed an order of Special Term, granting a preliminary injunction restraining defendants from using the names “ Sliced Animals,” “ Sliced Birds,” “ Sliced Objects,” in connection with certain games or puzzles. Plaintiffs’ complaint alleged in substance, among other things, that they were, and had been for many years, manufacturers and wholesale dealers in certain games and puzzles, to which they had given 'the names above stated, invented by them as…
1Opinion of the CourtRapallo, J.
As a general rule this court will not review an order granting or refusing a temporary order of injunction which the court below had, jurisdiction to grant. In the case of McHenry v. Jewett (90 N. Y. 58) this general rule was qualified to the extent of holding that where it clearly appears that the complaint shows no cause of action, a preliminary injunction is unauthorized, and the granting of it is an error of law which may be reviewed in this court on appeal.
The principle established in the case above cited does not apply where a doubtful question of law arises upon the complaint. The…
2Cases cited7 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- McHenry v. . JewettNew York Court of Appeals · 1882
- Fetridge v. WellsThe Superior Court of New York City · 1857
- Wolfe v. GoulardNew York Supreme Court · 1859
- Williams v. JohnsonThe Superior Court of New York City · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887
- American Thermos Products Co. v. Aladdin Industries, Inc.District Court, D. Connecticut · 1962
46 more not listed; retrieve them via the Exa API.