Merchants' Detective Ass'n v. Detective Mercantile Agency
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County •> the Hon. Richard S. Tuthill, Judge, presiding. This is an appeal from a decree in chancery sustaining a demurrer to and dismissing the complainant’s bill.
Read the full summary
Appeal from the Circuit Court of Cook County •> the Hon. Richard S. Tuthill, Judge, presiding. This is an appeal from a decree in chancery sustaining a demurrer to and dismissing the complainant’s bill. The bill alleges that the complainant is a corporation duly incorporated under the laws of this State on or about the 18th day of December, 1884, under the name and style of “ The Merchants’ Detective Association,” and having its principal office and place of business at 164 Dearborn Street, Chicago; that at that date no association or body corporate existed in this State or elsewhere under…
1Opinion of the CourtBailey, J.
The complainant is a corporation under the laws of this State. In forming its corporate organization it was required by law to select a corporate name, and having selected such name it is entitled to be protected in its use upon the same principle and at least to the same extent that individuals are protected in the use of trade-marks. Holmes, Booth & Hayden v. Holmes, Booth & Atwood Manufacturing Co., 37 Conn. 278: Newby v. Oregon Central R. R. Co., Deady, 609.
Considering the complainant’s corporate name, then, merely as its trade-mark, the question arises whether, under the cir.
с. imstances…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
- Williams v. JohnsonThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Elgin Butter Co. v. Elgin Creamery Co.Illinois Supreme Court · 1895
- Consolidated Home Specialties Co. v. PlotkinSupreme Court of Pennsylvania · 1947
- Stevens-Davis Co. v. Mather & Co.Appellate Court of Illinois · 1923
- Nesne v. SundetSupreme Court of Minnesota · 1904
- Baldassano v. AccetturaAppellate Court of Illinois · 1949
9 more not listed; retrieve them via the Exa API.