Armstrong v. Kleinhans
Court of Appeals of Kentucky
Case 50 — TftADE-MAKK APPEAL PROM LOUISVILLE CHANCERY COURT. 1. It is the mischief to another’s business by using his signs and marks by which his business and goods are known that should be prevented by the Chancellor, and it is not necessary to show that the offending-party knew that the signs and marks he adopted belonged to-another. 2. Appellant’s business was injured by appellees’ assuming the name of the “ Tower Palace.” 3. That appellees did not invent the name, and…
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Case 50 — TftADE-MAKK APPEAL PROM LOUISVILLE CHANCERY COURT. 1. It is the mischief to another’s business by using his signs and marks by which his business and goods are known that should be prevented by the Chancellor, and it is not necessary to show that the offending-party knew that the signs and marks he adopted belonged to-another. 2. Appellant’s business was injured by appellees’ assuming the name of the “ Tower Palace.” 3. That appellees did not invent the name, and would not have used it unless they could make money thereby, is apparent. 4. Appellant, having invented the name, is…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant, a merchant engaged in the clothing business in the city of Louisville, seeks, in this action, judg*305ment requiring appellees, engaged in like business, to remove from a store-house, No. 150 West Market street, occupied by them, a sign “Tower Palace,” denominated in the petition his trade-mark, and enjoining them from appropriating or using it by advertisement or otherwise.. The building was erected by J. Gr. Mathews, the proprietor, in 1871. But before it was fully completed he leased it to appellant, who took possession in November of…
2Cases cited1 opinion
- Woodward v. LazarCalifornia Supreme Court · 1863
3Cited by4 opinions
- City of Hazard v. DuffCourt of Appeals of Kentucky (pre-1976) · 1941
- Sieward v. DenechaudSupreme Court of Louisiana · 1908
- Bee Building Co. v. Peters Trust Co.Nebraska Supreme Court · 1921
- Freeland v. BurdickMissouri Court of Appeals · 1918