Chas. S. Higgins Co. v. Higgins Soap Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28,1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The relief asked, for in this action is based upon the principles involved in trade mark cases. (Reeves v. Denix, 12 Abb.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28,1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The relief asked, for in this action is based upon the principles involved in trade mark cases. (Reeves v. Denix, 12 Abb. Pr. [N. S.] 92; McArdle v. Peck, 28 How. Pr. 120.) The plaintiff is entitled to an injunction herein. (Newby v. O. C. R. R. Co., 1 Deady,…
1Opinion of the Court
Andrews, Cb. J.
The plaintiff seeks in this action to restrain the use by the defendant in this state of its corporate name, “ Higgins Soap Company,” in the business of manufacturing and selling soap,* on the ground that such use is an unlawful invasion of - the lights of the “ Chas. S. Higgins Company,” the plaintiff corporation. The corporate names of the respective corporations are not identical, but it is claimed in behalf of the plaintiff that there is a similarity between them' which, in connection with other facts, is liable to and has produced confusion and will enable the defendant to…
2Cases cited4 opinions
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
3Cited by170 opinions
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- Fisher v. . Star Co.New York Court of Appeals · 1921
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- American Clay Manufacturing Co. v. American Clay Manufacturing Co.Supreme Court of Pennsylvania · 1901
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