Boston Shoe Shop v. McBroom Shoe Shop
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill of the Boston Shoe Shop, a corporation, against the McBroom Shoe Shop, a corporation, to enjoin the use of trade devices. From a decree sustaining a demurrer and refusing the injunction, complainant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill of the Boston Shoe Shop, a corporation, against the McBroom Shoe Shop, a corporation, to enjoin the use of trade devices. From a decree sustaining a demurrer and refusing the injunction, complainant appeals. The bill and the devices therein alluded to are as follows: And humbly complaining, your orator represents unto your honor as follows: First: That for some years prior to the filing of this bill and up to the time of his death a few months ago, one Reuben A. McBroom conducted in Mobile a business known as the…
1Opinion of the Court
SOMERVILLE, J.(1) On the principle that the “good will” of a business is a valuable property right, and that the public who may intend to patronize a particular business, whether it dispenses merchandise or merely labor, ought not to be deceived *267or misled as to its identity, it is thoroughly settled, by a host of precedents, that courts of equity will grant injunctive relief against those who seek to divert and appropriate by imitative devices, symbols, or practices, the trade or patronage which would otherwise go to another established business.—Glen & Hall Mfg. Co. v. Hall, 61 N. Y. 226, 19…
2Cases cited23 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
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3Cited by7 opinions
- Ætna Casualty & Surety Co. v. Ætna Auto Finance, Inc.Court of Appeals for the Fifth Circuit · 1941
- Travelodge Corporation v. SiragusaDistrict Court, N.D. Alabama · 1964
- Fuqua v. RobertsSupreme Court of Alabama · 1959
- McVay & Son Seed Co. v. McVay Seed & Floral Co.Supreme Court of Alabama · 1918
- N. L. Pierce Nat. Detective Agency v. Pierce Detective AgencySupreme Court of Alabama · 1928
2 more not listed; retrieve them via the Exa API.