Rogers v. Taintor
Massachusetts Supreme Judicial Court
Bill in equity filed by Caleb B. Rogers of Norwich, Connecticut, Edward Joslin of Keene, New Hampshire, and William H. Doane and William E. Loudon, both of Cincinnati, Ohio, all being copartners in the business of manufacturing woodworking machinery at Cincinnati, under the name of J. A. Fay & Co., alleging that they alone have the right to use that name in their business and as a trade-mark, and praying for an injunction to restrain the respondent from using it in his…
Read the full summary
Bill in equity filed by Caleb B. Rogers of Norwich, Connecticut, Edward Joslin of Keene, New Hampshire, and William H. Doane and William E. Loudon, both of Cincinnati, Ohio, all being copartners in the business of manufacturing woodworking machinery at Cincinnati, under the name of J. A. Fay & Co., alleging that they alone have the right to use that name in their business and as a trade-mark, and praying for an injunction to restrain the respondent from using it in his business at Worcester, or connecting it with woodworking machines sold by him unless they were made by the complainants. The…
1Opinion of the CourtHoar, J.
The court are of opinion that this bill cannot be maintained.
It is not brought under Gen. Sts. c. 56, §§ 3, 4, for using in the defendant’s business the name of a person formerly connected with him in business, or of any other person, without the consent in writing of such person or his legal representatives; and, if it were, there is no fact upon which it could be supported. The name which the defendant has used is not the name of either of the complainants; and the representative of the person whose name is used is not a party to the bill.
Nor is it shown that the defendant has fraudulently,…
2Cited by19 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- In Re the Accounting of BrownNew York Court of Appeals · 1926
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Slater v. . SlaterNew York Court of Appeals · 1903
- Williams v. FarrandMichigan Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.