Cutter v. Gudebrod Brothers
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by John D. Gutter against the Gudebrod Bros. Company to restrain the use of trade-names. From a judgment restraining plaintiff from using such names, he appeals.
1Opinion of the CourtWoodward, J.
It is clear, upon every equitable consideration, that the judgment restraining the plaintiff from the use of his own *299name, or the initials of his own name, in the transaction of the business incident to the manufacture and sale of spool silks, cannot be sustained. It can never be the policy of the law to deprive the citizen of the power to make use of his good name and reputation in the conduct of any legitimate business, and courts of equity will not presume anything in favor of the person demanding such relief. The plaintiff in this action has spent the best years of his life in building up…
2Cases cited15 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
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