Nebraska Loan & Trust Co. v. Nine
Nebraska Supreme Court
Appeal from the district court for Lancaster county. Heard below before Field, J. Appellant had a right to adopt its present corporate name and to be protected in its exclusive use even though a part thereof consisted of the geographical word “Nebraska.” (Newby v. R. Co., Heady [U. S. C. C.], 609.) Eegarding tiio name simply as á trade-mark, appellant has this right.
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Appeal from the district court for Lancaster county. Heard below before Field, J. Appellant had a right to adopt its present corporate name and to be protected in its exclusive use even though a part thereof consisted of the geographical word “Nebraska.” (Newby v. R. Co., Heady [U. S. C. C.], 609.) Eegarding tiio name simply as á trade-mark, appellant has this right. (Newman v. Alvord, 59 N. Y., 189; Congress, etc., Spring Co. v. High Rock Congress Spring Co., 45 Id., 291; Llier v. Abrahams, 82 Id., 519; McLean v. Fleming, 96 U. S., 245; Southern White Lead Co. v. Cary, 25 Fed. Eep., 125;…
1Opinion of the Court
Reese, Ch. J.
This action was instituted in the district court of Lancaster county by the plaintiff, a corporation duly incorporated under the laws of this state and doing business in the city of Hastings as the “Nebraska Loan and Trust Company,” against the defendants, who it is alleged were proceeding to organize a company for the transaction of business similar to that transacted by plaintiff and to be known by the same corporate name. It was alleged in the petition that plaintiff was incorporated in the year 1882 under the name of the “Nebraska Loan and Trust Company,” and that it had…
2Cases cited3 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Congress & Empire Spring Co. v. High Rock Congress Spring Co.New York Court of Appeals · 1871
- Pierce v. GuittardCalifornia Supreme Court · 1885
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- National Grocery Co. v. National Stores Corp.New Jersey Court of Chancery · 1924
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