Legal Opinion

Meneely v. Meneely

New York Supreme Court

Decided May 15, 1874Published

Appeal from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought in Albany county by Edwin A. Meneely and George R. Meneely, who constituted the firm of “E. A. & G. R. Meneely,” against Clinton H. Meneely and George H. Kimberly, to prevent the use of the name of “Meneely” by the defendants, and the complaint demanded that the defendants desist and refrain from using the name and designation of “Meneely,” in their business at Troy of…

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Appeal from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought in Albany county by Edwin A. Meneely and George R. Meneely, who constituted the firm of “E. A. & G. R. Meneely,” against Clinton H. Meneely and George H. Kimberly, to prevent the use of the name of “Meneely” by the defendants, and the complaint demanded that the defendants desist and refrain from using the name and designation of “Meneely,” in their business at Troy of bell founding, in any manner and form whatever, and asked for an injunction restraining said use. The case was…

1Opinion of the CourtMiller, P. J.

The plaintiffs claim that the use of the defendants’ firm name of “Meneely & Kimberly” in conducting their business of bell founding, in the city of Troy, is an infringement upon the plaintiffs’ right to use the name of " Meneely ” as a trade-mark in their business at West Troy, which was established by the father of the plaintiffs and of the defendant, “ Meneely,” and the plaintiffs themselves in the same business, and has become a trade-mark of great, celebrity and value. The law favors the protection to manufacturers of any trade-mark, name or symbol, which distinguishes their goods from…

2Cases cited8 opinions

  1. Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
  2. Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
  3. Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
  4. Corwin v. DalyThe Superior Court of New York City · 1860
  5. Stonebraker v. StonebrakerCourt of Appeals of Maryland · 1870

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