Munro v. . Tousey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 6, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. To entitle one to an injunction, there must be such a similarity of designation on the part of defendant as would be likely to mislead purchasers. (Browne on Trade-marks, § 547; Snowden v. Noah, Hopk. Ch. 396; Bell v. Lock, 8 Paige, 74; Talcott v. Moore, 6 Hun,…
1Opinion of the CourtGray, J.
The plaintiff was the publisher of a series of pamphlet works of fiction, entitled as the “ Old Sleuth Library,” and in this action he lias sought to restrain the defendant, who was the publisher in a like way of the “Hew York Detective Library,” from publishing and selling any book or pamphlet containing in its title, or in any part of it, the word “ Sleuth,” or purporting to be by the author of any story with any such, title, and to compel an accounting for all profits realized.. The defendant’s publications, which are especially aimed at by name in this action, were variously entitled as…
2Cases cited1 opinion
- Bell v. LockeNew York Court of Chancery · 1840
3Cited by21 opinions
- Fisher v. . Star Co.New York Court of Appeals · 1921
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Dell Publishing Co. v. Stanley Publications, Inc.New York Court of Appeals · 1961
- White Studio, Inc. v. DreyfoosNew York Court of Appeals · 1917
- Cooke Cobb Co. v. . MillerNew York Court of Appeals · 1902
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