Hub Dress Manufacturing Co. v. Rottenberg
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 19, 1919, to enjoin the defendants "from carrying on their business under the said name ‘Hub Novelty Dress Company,’ or any other name containing both the words ‘Hub’ and ‘Dress.’”
1Opinion of the CourtCarroll, J.
The plaintiff, a Massachusetts corporation, has carried on business since January, 1918, in its corporate name, the Hub Dress Manufacturing Company. In July, 1919, the defendants adopted the name Hub Novelty Dress Company. The ■ plaintiff in this suit in equity prays that the defendants be restrained from conducting their business under the name “Hub Novelty Dress Company” or “any other name containing both the words 'Hub’ and 'Dress.’” The defendants demurred, but went, to trial on the merits. This was a waiver of the right to be heard on the demurrer. Bauer v. International Waste Co. 201…
2Cases cited5 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Kaufman v. KaufmanMassachusetts Supreme Judicial Court · 1916
- Viano v. BaccigalupoMassachusetts Supreme Judicial Court · 1903
- Jennings v. DemmonMassachusetts Supreme Judicial Court · 1907
3Cited by18 opinions
- National Fruit Product Co. v. Dwinell-Wright Co.District Court, D. Massachusetts · 1942
- Associated Perfumers, Inc. v. AndelmanMassachusetts Supreme Judicial Court · 1944
- Mishawaka Rubber & Woolen Mfg. Co. v. Panther-Panco Rubber Co.Court of Appeals for the First Circuit · 1946
- 265 Tremont Street, Inc. v. HamilburgMassachusetts Supreme Judicial Court · 1947
- Kay Jewelry Co. v. KapiloffSupreme Court of Georgia · 1948
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