Legal Opinion

Society of 1812 v. Society of 1812

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 37 opinions

Appeal by the defendant, The Society of the War of 1812 in the State of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk .of the county of New York on the 10th day of May, 1897, restraining the defendant pendente lite from using the words-“ The Society of the War of 1812,” the plaintiff’s corporate name, as part of defendant’s name or style.

1Opinion of the Court

Patterson, J,:

This is an appeal from an order made at the Special Term, whereby the defendant, its officers, agents, attorneys, servants and members are “ enjoined, restrained and forbidden, during the pendency of the above-entitled action, and until the further order of this court in the premises, from using, directly or indirectly, as part, of the name or style of defendant, the words and ..figures, ‘The Society of the War of 1812,’ and from publishing or otherwise representing or describing the defendant as The Society of the War of Eighteen Hundred and Twelve in the State of New York.’* *569Bo…

2Cases cited2 opinions

  1. Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
  2. Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893

3Cited by37 opinions

  1. Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
  2. Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
  3. Creswill v. Grand Lodge Knights of PythiasSupreme Court of Georgia · 1910
  4. Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
  5. Ball v. American Trial Lawyers Assn.California Court of Appeal · 1971

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