Viano v. Baccigalupo
Massachusetts Supreme Judicial Court
Bill IN equity, filed December 3, 1900, to enjoin the defendant from using or imitating the trade name of Boston Peanut Roasting Company, or from using the word Boston in connection with the business of roasting peanuts.
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Bill IN equity, filed December 3, 1900, to enjoin the defendant from using or imitating the trade name of Boston Peanut Roasting Company, or from using the word Boston in connection with the business of roasting peanuts. In the Superior Court Richardson, J. ruled that the defendant should be restrained from using the name Boston Trade Peanut Roasting Company in any way likely to cause confusion and mistakes, or to deceive and mislead the trade and public as to the identity of the plaintiffs’ and defendant’s business, and by agreement of the parties reported the case for determination by this…
1Opinion of the CourtLosing, J.
When the defendant entered upon the business of roasting peanuts he found the plaintiff Miaño and one Cavagnaro carrying on the same business, as partners, at 94 Fulton Street, under the name of the “ Boston Peanut Roasting Company ”; and he found that the plaintiff Miaño, either with Cavagnaro or with the plaintiff Roman as a partner, had carried on that business for five years under that name and at the same place. It was under these circumstances that the defendant, entering upon the business of roasting peanuts for the first time, hired premises on the same street, Fulton Street, and…
2Cases cited8 opinions
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