McVay & Son Seed Co. v. McVay Seed & Floral Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the McVay Seed & Floral Company, Incorporated, against G. B. McVay & Son Seed Company, Incorporated, to enjoin the use of a name. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by the McVay Seed & Floral Company, Incorporated, against G. B. McVay & Son Seed Company, Incorporated, to enjoin the use of a name. From a decree overruling demurrers to the bill, respondents appeal. The purpose of the bill is to enjoin the use of the.name “McVay” in the corporate name, or in connection with the flower and seed business, either in advertising, or upon the goods of the G. B. McVay & Son Seed Company. Complainant claims to be the corporate successor of the McVay Seed Company, a bankrupt corporation, of…
1Opinion of the CourtSomerville, J.
The adjudicated eases dealing with the particular phase of unfair competition here involved are quite numerous, and the general principles of the law seem to be well settled, though their application to concrete instances is often not free from difficulty.
[1 ] We think it is quite clear that the compainant, by its purchase of the assets, name, and good will of the bankrupt corporation, acquired the undoubted right of that concern to the use of its corporate name, including the word “McVay” as an essential element thereof, and as a conduit for the passage of the good will of the original…
2Cases cited7 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Grand Lodge Knights of Pythias of North & South America v. Grand Lodge Knights of PythiasSupreme Court of Alabama · 1911
- Martell v. St. Francis Hotel Co.Washington Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953
- Mutual Life Ins. Co. v. MeninCourt of Appeals for the Second Circuit · 1940
- Ætna Casualty & Surety Co. v. Ætna Auto Finance, Inc.Court of Appeals for the Fifth Circuit · 1941
- Arthur Young, Inc. v. Arthur Young & Co.District Court, N.D. Alabama · 1983
- Fuqua v. RobertsSupreme Court of Alabama · 1959
5 more not listed; retrieve them via the Exa API.