Commercial Advertiser Ass'n v. Haynes
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the Commercial Advertiser Association against David O. Haynes, doing business under the firm name of D. O. Haynes & Co., to restrain defendant from imitating the name of plaintiff’s newspaper.
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Appeal from special term. Action by the Commercial Advertiser Association against David O. Haynes, doing business under the firm name of D. O. Haynes & Co., to restrain defendant from imitating the name of plaintiff’s newspaper. Appeal by the defendant from an order of the special term, enjoining him from publishing any newspaper the name or title of which shall be “New York Commercial,” or any newspaper containing the words “Commercial,” or “New York Commercial,” as a partial title, unless in such partial title the word “Commercial" is used as an adjective in connection with a substantive,…
1Opinion of the CourtBarrett, J.
We find nothing in the affidavits presented by the plaintiff to warrant the conclusion of the learned justice at special term that “the proofs established that the name adopted by the defendant for his newspaper will lead to its being confused with the plaintiff’s newspaper, and that injury to the plaintiff and deception upon the public will result.” It may be that some slight confusion will arise until the character of the two publications is clearly understood by newspaper writers and advertisers. There can, however, be no confusion on the part of sane purchasers. This possible confusion on…
2Cases cited3 opinions
- Bell v. LockeNew York Court of Chancery · 1840
- Farmers' Loan & Trust Co. v. Farmers' Loan & Trust Co. of KansasNew York Supreme Court · 1888
- Investor Pub. Co. of Massachusetts v. DobinsonU.S. Circuit Court for the District of Southern California · 1897
3Cited by5 opinions
- Evening Jour. Asso. v. Jersey Pub. Co.New Jersey Court of Chancery · 1924
- Whiting Mfg. Co. v. Joseph H. Bauland Co.New York Supreme Court · 1898
- Gannett v. RuppertU.S. Circuit Court for the District of Southern New York · 1902
- S. T. Taylor Co. v. NastNew York Supreme Court · 1915
- Salvation Army in United States v. American Salvation ArmyNew York Supreme Court · 1908