Legal Opinion
Miles Shoes of New York, Inc. v. Niles Bootery, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1932PublishedCited by 2 opinions
1Opinion of the CourtMartin, J.
In this equity action the plaintiff seeks an injunction restraining the defendants from using the word “ Niles ” because of its similarity to the plaintiff’s trade name “ Miles.”
The plaintiff, Miles Shoes of New York, Inc., owns and operates a chain of more than fifty retail shoe Stores in the States of New York and New Jersey; twelve of these stores are in the borough of Manhattan and five in the borough of The Bronx. Since 1924 the plaintiff has used the name “ Miles ” as a trade name and since its incorporation in 1928 the name “ Miles ” has been conspicuously displayed on signs, shoe…
2Cases cited4 opinions
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887
- Bregstone v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1920
- Dobbs & Co. v. Cobbs Haberdasher, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Roy Watch Case Co. v. Camm-Roy Watch Case Co.New York Supreme Court · 1899
3Cited by2 opinions
- Sample, Inc. v. PorrathAppellate Division of the Supreme Court of the State of New York · 1973
- Bennett Bros. v. Floyd Bennett Farmers Market Corp.New York Supreme Court · 1960