Simplex Automobile Co. v. Kahnweiler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis M. Kahnweiler and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1913, upon the decision of the court after a trial at the New York Special Term granting a permanent injunction.
1Opinion of the Court
Clarke, J.:
The plaintiff, a domestic corporation, has been engaged in the manufacture and sale of automobiles since 1907. It adopted and used the word “ Simplex ” as a trade name and device in the form shown in the record, the distinguishing feature being that it is in script and that a flourish is carried from the top of the initial “ S ” above and along the full length of the word, the end of the flourish producing the cross bar of the final letter “x.” This device it uses in and about its business and attaches to the radiator of motor cars manufactured by it. It claims no exclusive right…
2Cases cited2 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Colman v. . CrumpNew York Court of Appeals · 1877
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- Aunt Jemima Mills Co. v. Rigney & Co.District Court, E.D. New York · 1916