Legal Opinion

National Tool Salvage Co. v. National Tool Salvage Industries, Inc.

New York Supreme Court

Decided January 28, 1946PublishedCited by 3 opinions

1Opinion of the CourtEder, J.

Plaintiff and defendant are engaged in the same business, that of reservicing, reconditioning, resharpening and recutting tools. Plaintiff sues to enjoin and restrain the defendant from continuing to use the words “ National Tool Salvage ” as part of its name or in any manner in connection with its business and for such other and further relief as to the court may seem proper. It claims it acquired prior right to the use of these words and the basis of the suit is that the defendant by the afore-mentioned use is engaged in unfair com.petition and that confusion has resulted as a consequence.…

2Cases cited6 opinions

  1. Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
  2. Eastern Construction Co. v. Eastern Engineering Corp.New York Court of Appeals · 1927
  3. Debrey v. HannaNew York Supreme Court · 1943
  4. American Tartar Co. v. American Tartar Co.Appellate Division of the Supreme Court of the State of New York · 1901
  5. Modern Woodmen of America v. HatfieldDistrict Court, D. Kansas · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Industrial Plants Corp. v. Industrial Liquidating Co.Appellate Division of the Supreme Court of the State of New York · 1955
  2. Stafford-Higgins Industries, Inc. v. Gaytone Fabrics, Inc.District Court, S.D. New York · 1969
  3. Dunkin' Donuts of America, Inc. v. Dunkin Donuts, Inc.Appellate Division of the Supreme Court of the State of New York · 1959

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