Legal Opinion

Brody v. Cohen

Pennsylvania Court of Common Pleas, Philadelphia County

Decided July 31, 1947Published

1Opinion of the Court

Sloane, J.,

Plaintiffs aver as follows:

They registered the name “Boytog” as a fictitious name, under the act,1 on April 11,1945, and since that time have been dealing in boys’ clothing of all types, at wholesale and retail, at 704 South Street, Philadelphia. They have used the name on their letterheads, vouchers, price lists, and in all their advertising matter; they have spent large sums of money in advertising and building up their business carried on under that name. The trade name has thereby become known in the Philadelphia area and has acquired a secondary meaning identifying plaintiffs’…

2Cases cited21 opinions

  1. Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
  2. American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
  3. Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
  4. Landers, Frary & Clark v. Universal Cooler CorporationCourt of Appeals for the Second Circuit · 1936
  5. Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936

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