American Clay Manufacturing Co. v. American Clay Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1900, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1900, No. 473, dismissing bill in equity, in ease of American Clay Manufacturing Company, a corporation of Pennsylvania, v., American Clay Manufacturing Company, a corporation of New Jersey. Bill in equity for an injunction to restrain the use of corporate name.
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Appeal, No. 142, Oct. T., 1900, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1900, No. 473, dismissing bill in equity, in ease of American Clay Manufacturing Company, a corporation of Pennsylvania, v., American Clay Manufacturing Company, a corporation of New Jersey. Bill in equity for an injunction to restrain the use of corporate name. The facts were -substantially as follows : The bill was by a Pennsylvania corporation, doing business in the city of Pittsburg, against a New Jersey corporation of the same name, which began to do business in the city of Pittsburg and…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The material facts which are not disputed are that plaintiff company has been impeded and interfered with in its business by the confusion arising from defendant’s assumption of the same name. The learned judge below found that the circumstances were “ unfortunate and sure to give rise to trouble to both parties, and the defendant company exercised but little care in its choice of a name,” but he felt himself compelled to dismiss the bill because the defendant had assumed its name without fraud and with no intent “ to induce the public to purchase its wares…
2Cases cited4 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Fort Pitt B. & L. Ass'n v. Model Plan B. & L. Ass'nSupreme Court of Pennsylvania · 1893
- First Presbyterian Church of HarrisburgSupreme Court of Pennsylvania · 1858
3Cited by52 opinions
- Hartman v. CohnSupreme Court of Pennsylvania · 1944
- Peters v. MacHikasSupreme Court of Pennsylvania · 1954
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
- Federal Securities Co. v. Federal Securities Corp.Oregon Supreme Court · 1929
- KoolVent Metal Awning Corp. of America v. PriceSupreme Court of Pennsylvania · 1951
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