Legal Opinion
Right Worshipful Eastern District Grand Lodge v. Johnson
New York Supreme Court
Decided May 15, 1919PublishedCited by 1 opinion
Action to restrain defendants’ use of plaintiff’s corporate name.
1Opinion of the CourtMcAvoy, J.
No longer can it be asserted successfully in equity that a right to the user of the name or style of a corporate body or voluntary unincorporated association will not be protected unless organized and carried on for the mercenary ends of trade or commerce. Some opinions of English jurists, and the Colonial Dames case here (173 N. Y. 586), once gave countenance to this view, but it is now unrecognized and almost formally repudiated. Society of the War of 1812 v. Society of the War of 1812, in State of New *250York, 46 App. Div. 468; Benevolent Protective Order Elks v. Improved B.P.O.Elks, 205 N.…
2Cases cited4 opinions
- Supreme Lodge Knights of Pythias v. Improved Order Knights of PythiasMichigan Supreme Court · 1897
- B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
- Adams v. Town of WheatfieldAppellate Division of the Supreme Court of the State of New York · 1899
- Salvation Army in United States v. American Salvation ArmyNew York Court of Appeals · 1912
3Cited by1 opinion
- Vasquez v. Sociedad Mutualista Mexicana, Inc.New York Supreme Court · 1927