Legal Opinion
Bill's Gay Nineties, Inc. v. Fisher
New York Supreme Court
Decided February 24, 1943PublishedCited by 12 opinions
1Opinion of the CourtValente, J.
This is an application pursuant to section 964 of the Penal Law for an injunction restraining respondent from using in connection with her business the designation or name “ Gay Nineties ”, which is part of petitioner’s corporate name and the style under which it is publicly known. Both parties are in the same line of business and petitioner has shown that respondent uses the words “ Gay Nineties ” either alone or as part of her trade name, depending on whichever form may prove to be more advantageous or profitable at the particular time.
There is no issue of prior user involved, for it is not…
2Cases cited16 opinions
- Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Maison Prunier v. Prunier's Restaurant & Cafe, Inc.New York Supreme Court · 1936
- Koehler v. . SandersNew York Court of Appeals · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ambassador East, Inc. v. Orsatti, Inc., and Arnold OrsattiCourt of Appeals for the Third Circuit · 1958
- Safeway Stores, Inc. v. DunnellCourt of Appeals for the Ninth Circuit · 1949
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Industrial Plants Corp. v. Industrial Liquidating Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Overseas News Agency, Inc. v. Overseas Press, Inc.New York Supreme Court · 1944
7 more not listed; retrieve them via the Exa API.