Corning Glass Works v. Corning Cut Glass Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 16, 1908, affirming a judgment in favor of defendants entered upon the report of a referee. This action was brought by the plaintiff to obtain an injunction, which should permanently restrain the defendant from doing business under the name of the “ Corning Cut Glass Co.”, and to recover the damages sustained.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 16, 1908, affirming a judgment in favor of defendants entered upon the report of a referee. This action was brought by the plaintiff to obtain an injunction, which should permanently restrain the defendant from doing business under the name of the “ Corning Cut Glass Co.”, and to recover the damages sustained. The answer put in issue the allegations of the complaint, upon which the equitable relief was demanded. The case was tried before a referee, who made findings of fact,…
1Opinion of the CourtGray, J.
The dissent in the Appellate Division was upon the ground that the name adopted by the defendant is so similar to that of the plaintiff, as to be calculated to deceive and, in connection with the business carried on in the same locality, to amount to a fraud upon the latter. I think that the case has been correctly decided and that its facts do not afford support for the charge that the defendant has brought itself within the inhibition, either, of the rule established by the decisions, or of our statutory provision, which-forbids the adoption, in a certificate of incorporation, of the “ same…
2Cases cited2 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
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- Churchill Downs Distilling Co. v. Churchill Downs, Inc.Court of Appeals of Kentucky (pre-1976) · 1936
- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Colorado National Co. v. Colorado National BankSupreme Court of Colorado · 1934
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