Devlin v. . Devlin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, adjudging defendant guilty of contempt. This action was brought by plaintiffs, who compose the firm of Devlin and Co., to restrain defendant from using said firm name. Plaintiffs were engaged in the clothing business. Defendant was engaged in the same business without a partner.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, adjudging defendant guilty of contempt. This action was brought by plaintiffs, who compose the firm of Devlin and Co., to restrain defendant from using said firm name. Plaintiffs were engaged in the clothing business. Defendant was engaged in the same business without a partner. He had a large wire sign hung across the street in front of his place of business, upon which were the words “ Devlin & Co.,” over them the letters J. S., in a monogram, with the number of…
1Opinion of the Court
Church, Ch. J.
Both the Special and General Terms have decided that the words and letters on the altered sign are so arranged as to deceive the public, and were so intended. The initial letters “ J. S.” being placed over the word Devlin, and flanked by the No. of the store of defendant, it is said violates the injunction not to use the defendant’s Christian and surname, in a manner calculated to deceive, and requiring that they must be conjoined. The facts will justify this inference and in such a case the general rule is fur this court to adopt the conclusions of the court below. The initials…
Also in this document: Dissent.
2Cited by22 opinions
- John B. Stetson Co. v. Stephen L. Stetson Co.Court of Appeals for the Second Circuit · 1942
- Caswell v. . HazardNew York Court of Appeals · 1890
- William Rogers Manuf'g Co. v. Rogers & Spurr Manuf'g Co.District Court, D. Massachusetts · 1882
- World's Dispensary Medical Ass'n v. PierceNew York Court of Appeals · 1911
- Hugo Stein Cloak Co. v. S. B. Stein & Son, Inc.Ohio Court of Appeals · 1937
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