Wallach Bros. v. Wallack
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Wallack, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on December 1, 1921, granting a' temporary injunction pending the trial of the action restraining defendant from using a trade name.
1Opinion of the Court
Page, J.:
The action is brought to restrain the defendant from using the name of Wallack Brothers in his business or in any way using said name of Wallack so as to be likely to deceive or mislead the public into believing that the defendant’s business is plaintiff’s business or a branch thereof in the business of ready made clothing, hats, haberdashery or either of them, and from using on ready made clothing, hats or haberdashery, labels which have on the same, “ Wallack Brothers.”
The plaintiff has been doing business under the name of Wallach Brothers since 1887. They have established a…
2Cases cited3 opinions
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
- Black v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1911
- Kram v. ShyevNew York Supreme Court · 1907
3Cited by3 opinions
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