Benevolent & Protective Order of Elks v. Improved Benevolent & Protective Order of Elks of the World
New York Supreme Court
Action by the Benevolent & Protective Order of Elks against the Improved Benevolent & Protective Order of Elks of the World and another to restrain the imitation of the former by the latter in the use of its name, by-laws, etc.
1Opinion of the CourtMorschauser, J.
The plaintiff and defendants are secret and fraternal organizations; the purposes and objects of each being in many respects similar to those of the other. The plaintiff existed and was incorporated prior to -the existence and incorporation of the defendants. The plaintiff seeks to enjoin the defendants from the use of the name and title of the “Grand Lodge of the Improved Benevolent & Protective Order of Elks of the World,” or the “Improved Benevolent Sr Protective Order of Elks of the World,” or any title or name similar or identical thereunto, or a colorable imitation thereof, derived…
2Cases cited1 opinion
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
- Cape May Yacht Club v. Cape May Yacht & Country ClubNew Jersey Court of Chancery · 1913
- Afro-American Order of Owls v. TalbotCourt of Appeals of Maryland · 1914
- Supreme Lodge of the World v. Paramount Progressive Order of MooseMissouri Court of Appeals · 1930
- Benevolent & Protective Order of Elks v. Improved Benevolent & Protective Order of Elks of WorldAppellate Division of the Supreme Court of the State of New York · 1909