E. P. Dutton & Co. v. Cupples
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, E. P. Dutton & Company, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York- on the 6th day of December, 1906, denying the plaintiff’s motion 'for a temporary injunction.
1Opinion of the Court
Scott, J.:.The plaintiff seeks an injunction to restrain defendants from publishing, selling or offering for sale certain books, designated the “Eureka Series.” Both plaintiff and defendants are booksellers and publishers, and plaintiff bases its demand for an injunction upon the claim that the defendants have been guilty of unfair competition or unfair trade in putting upon the market a series of books so similar in appearance and make-up to a set of books which plaintiff, has published and sold for a number, of years as to indicate a conscious and probably successful effort to deceive the…
2Cases cited3 opinions
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Day v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
- McLoughlin v. SingerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by19 opinions
- G. Ricordi & Co. v. HaendlerCourt of Appeals for the Second Circuit · 1952
- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Avon Periodicals, Inc. v. Ziff-Davis Publishing Co.New York Supreme Court · 1952
- Frederick Warne & Co., Inc. v. Book Sales Inc.District Court, S.D. New York · 1979
- Capitol Records, Inc. v. Mercury Record Corp.District Court, S.D. New York · 1952
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