Commercial Advertiser Ass'n v. Haynes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David 0. Haynes, doing business under the firm name of D. 0. Haynes & Oo., from an order of the. Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of January, 1898, enjoining him from publishing any newspaper, the name and title of which shall be “New York.
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Appeal by the defendant, David 0. Haynes, doing business under the firm name of D. 0. Haynes & Oo., from an order of the. Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of January, 1898, enjoining him from publishing any newspaper, the name and title of which shall be “New York. Commercial,” or any newspaper containing the words “ Commercial ” or “ New York Commercial,” as a partial title, unless in such partial title the word “Commercial” is used as an adjective in connection with a substantive in such manner…
1Opinion of the Court
Barrett, J.:
We find nothing in the affidavits presented by the plaintiff to warrant the conclusion of the learned justice at Special Term that: “ The proofs seem to clearly establish that the name adopted by the defendant for his newspaper will lead to its being confused with the plaintiff’s newspaper, and that injury to the plaintiff and deception upon the public will result.” It may be that some slight confusion will arise until the bharacter of the two publications is clearly understood by newsj)aper writers and advertisers. There can, however, be no confusion on the part .of sane…
2Cases cited1 opinion
- Bell v. LockeNew York Court of Chancery · 1840
3Cited by11 opinions
- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Avon Periodicals, Inc. v. Ziff-Davis Publishing Co.New York Supreme Court · 1952
- Anti-Defamation League of B'nai B'rith v. Arab Anti-Defamation LeagueNew York Supreme Court · 1972
- Hotel Syracuse, Inc. v. Motel Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Material Men's Mercantile Ass'n v. Material Men's Credit Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
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