Emory v. Grand United Order of Odd Fellows
Supreme Court of Georgia
Injunction. Before Judge Mathews. Bibb superior court. January 11, 1913. The Subcommittee of Management of the Grand United Order of Odd Fellows in America, a corporation under the laws of Pennsylvania, and The District Grand Lodge, No. 18, Grand United Order of Odd Fellows of America, Jurisdiction of Georgia, a corporation under the laws of Georgia, hereinafter referred to 'as the plaintiffs, brought their petition against W. 0. Emory and others, alleging as follows: The…
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Injunction. Before Judge Mathews. Bibb superior court. January 11, 1913. The Subcommittee of Management of the Grand United Order of Odd Fellows in America, a corporation under the laws of Pennsylvania, and The District Grand Lodge, No. 18, Grand United Order of Odd Fellows of America, Jurisdiction of Georgia, a corporation under the laws of Georgia, hereinafter referred to 'as the plaintiffs, brought their petition against W. 0. Emory and others, alleging as follows: The Grand United' Order of Odd Fellows in America is a fraternal, social, benevolent, and charitable organization existing in…
1Opinion of the CourtBeck, J.
(After stating the facts.) We are of the opinion that the court below correctly held that the distinctive name of the plaintiffs’ order is “Order of Odd Fellows,” and that this is also the essential and distinctive part of the name in and by which the defendants' are seeking to establish their order, and that the other words in the formal designation of the defendants’ order do not make such a difference of designation 'as would prevent its being “a colorable imitation” of the name of the plaintiffs’ order. Considering the character and purpose of the two organizations, the names are…
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