Legal Opinion

Sanders v. Jacob

Missouri Court of Appeals

Decided December 22, 1885PublishedCited by 11 opinions

Appeal from tie St. Louis Girouit Court, W. H„ Hoenee, Judge. Tie names must bear suoi a resemblance as is calculated to mislead the public generally. Tie resemblance must be such that ordinary persons proceeding with ordinary care would be deceived.. MóGartmey t>. Garnhart, 45 Mo. 593; High on Injunction, sects. 691, 1088; Gilman v. Hv/nneuoell, 122 Mass. 139 ; Wolfe v. Goulard, 18 How. Pr. 64; Singer Mffy Go. v. Wilson, 3. C. L. J. 706; GoTladay v. Baird, 4 Phila. 139 ; s.

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Appeal from tie St. Louis Girouit Court, W. H„ Hoenee, Judge. Tie names must bear suoi a resemblance as is calculated to mislead the public generally. Tie resemblance must be such that ordinary persons proceeding with ordinary care would be deceived.. MóGartmey t>. Garnhart, 45 Mo. 593; High on Injunction, sects. 691, 1088; Gilman v. Hv/nneuoell, 122 Mass. 139 ; Wolfe v. Goulard, 18 How. Pr. 64; Singer Mffy Go. v. Wilson, 3. C. L. J. 706; GoTladay v. Baird, 4 Phila. 139 ; s. O. Cox Am. T. M. Cas. 257 ; Swift v. Bey, Cox Am. T. M. Cas. 319; Walton v. Growley, 3 Blatohf. 440. Wien ordinary…

1Opinion of the CourtThompson, J.

In 1871 the plaintiff began the practice of dentistry at number 820 Washington avenue, in St. Louis, under the business name and style of “New York Dental Rooms. ’ ’ In 1872, he caused the words, “ New York Dental Rooms,” to be registered as the trade name by which he designated his business. He advertised his business extensively under this name, and, in the course of time, built up a large and lucrative practice, at a cheap scale of prices, principally among laboring people.

In 1880 or 1881, the defendant opened a dental establishment at number 808 Washington avenue, a few doors east of the…

2Cases cited2 opinions

  1. Sanders v. UttMissouri Court of Appeals · 1884
  2. McCartney v. GarnhartSupreme Court of Missouri · 1870

3Cited by11 opinions

  1. Cady v. SchultzSupreme Court of Rhode Island · 1895
  2. Samuels v. SpitzerMassachusetts Supreme Judicial Court · 1900
  3. Koebel v. Chicago Landlords' Protective BureauIllinois Supreme Court · 1904
  4. W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904
  5. Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886

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