Sanders v. Bond
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — How. James E. Withrow, Judge. The defendant had a right to print upon his cards and to advertise the fact that he was formerly connected with the New York Dental Rooms, provided he did not do so in a manner calculated to deceive the public. Clenny v. Smith, 13 Law Times, p. 11, et seq..; Boswell v. Mathie, 11 Session Oases (4 Session) 1072-1075; Coates v. Holbrook, 2 Sanf.
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Appeal from the St. Louis City Circuit Court. — How. James E. Withrow, Judge. The defendant had a right to print upon his cards and to advertise the fact that he was formerly connected with the New York Dental Rooms, provided he did not do so in a manner calculated to deceive the public. Clenny v. Smith, 13 Law Times, p. 11, et seq..; Boswell v. Mathie, 11 Session Oases (4 Session) 1072-1075; Coates v. Holbrook, 2 Sanf. Ch. 622-625 ; Williams v. Osborne, 13 Law Times (N. S.) pp. 498-501; Van Wyclc v. Horowitz, 46 N. Y.; s. o., 69 Hun, 237; 10 Cent. Law Jour., pp. 405-424.
1Opinion of the CourtBiggs, J.
Plaintiff is a dentist, and has been engaged in the practice of his profession in the city of St. Louis since the year 1871. During that time his office or place of business has been known and designated as the “New York Dental Rooms.” In the case of Sanders v. Utt, 16 Mo. App. 322, 'this plaintiff sought to enjoin Dr. Utt from using the trade-name, “New York Steam Dental Company.” The court decided that the plaintiff had a property right in the use of the words “New York” in the designation of his dental rooms or place of business, which could not be interfered with by his competitors. In…
2Cases cited5 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Hier v. . AbrahamsNew York Court of Appeals · 1880
- Sanders v. JacobMissouri Court of Appeals · 1885
- Sanders v. UttMissouri Court of Appeals · 1884
- Marcus Ward & Co. v. WardNew York Supreme Court · 1891