Legal Opinion
Smiling Irishman, Inc. v. McDonald
New York Supreme Court
Decided December 18, 1944PublishedCited by 4 opinions
1Opinion of the CourtGavagan, J.
This is an action for an injunction restraining the defendant from using the name “ Happy Irishman ” -or any combination of such name or any name similar to that used by the plaintiffs in the conduct of their business, to wit: ‘ ‘ Smiling Irishman. ’ ’
The evidence established that the plaintiff, Leland Holzer, filed a certificate of doing business under the name and style of “ Smiling Irishman that he caused the corporate plaintiff to be incorporated under the law of this State as “ Smiling Irishman, Inc.”; that he duly filed in the United States Patent Office a copyright of the name “…
2Cases cited13 opinions
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Newman v. . AlvordNew York Court of Appeals · 1872
- Rice v. . RockefellerNew York Court of Appeals · 1892
- Walter Baker & Co. v. BakerU.S. Circuit Court for the District of Western Virginia · 1896
- General Electric Co. v. WiseU.S. Circuit Court for the District of Northern New York · 1903
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3Cited by4 opinions
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Extrin Foods, Inc. v. LeightonNew York Supreme Court · 1952
- Dinerstein v. DinersteinAppellate Division of the Supreme Court of the State of New York · 1969
- Bennett Bros. v. Floyd Bennett Farmers Market Corp.New York Supreme Court · 1960