Legal Opinion
Lerner Stores Corp. v. Lerner Ladies Apparel Shop, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1926PublishedCited by 4 opinions
1Opinion of the CourtFinch, J.
This was an application for an injunction pendente lite restraining defendants from using the name “ Lerner ” either alone or in conjunction with other words or symbols, and restraining the defendants from advertising in any manner calculated to deceive the public into the belief that the defendants’ business was a branch of the plaintiff’s business. The motion was denied, hence this appeal. The facts, in so far as necessary to show the reasons for the decision, are briefly as follows: .
About twenty years ago, or in 1907, three brothers of the name of Lerner started a corporation known as the…
2Cases cited7 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- British-American Tobacco Co. v. British-American Cigar Stores Co.Court of Appeals for the Second Circuit · 1914
- Devlin v. . DevlinNew York Court of Appeals · 1877
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3Cited by4 opinions
- Agash Refining Corp. v. Abraham GashNew York Supreme Court · 1943
- Campus Coat Co. v. Campus Togs, Inc.New York Supreme Court · 1941
- Knox Hat Co. v. Self-Service Millinery Stores, Inc.New York Supreme Court · 1929
- King Refrigerator Corp. v. King Metal Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1947