H. Milgrim & Bros. v. Schlesinger

The only reasonable conclusion to be drawn from the evidence is that the defendants appropriated the nationally known and highly valuable trade name of the plaintiff for the advantage that would accrue to them from the plaintiff’s reputation as a merchant. They would reap where they have not sown. Their purpose was deception of the buying public. Since they admit knowledge of the existence of the plaintiff’s store in New York, they must have known of the plaintiff’s standing as designer, manufacturer and seller of dresses, coats and other articles of women’s apparel, and that the name…