Salvation Army in the United States v. American Salvation Army
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Salvation Army in the United States, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Yew York on the 27th day of February, 1909, upon the decision of the court, rendered after a trial at the Yew York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Clarke, J.:
The plaintiff sued .to enjoin the defendant corporation from • using the name American Salvation Army or a name so nearly resembling it as to be calculated to deceive the public and the friends, patrons and adherents of the plaintiff; from using uniforms, insignia or badges of office similar to and resembling the . uniforms, insignia • or badges adopted and used by the officers of the plaintiff; from printing and publishing, selling or offering for sale copies of a paper known as the “ War Cry,” or using the War Cry. in connection with any publication issued by the defendant and…
2Cases cited5 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Taendsticksfabriks Akticbolagat Vulcan v. MyersNew York Court of Appeals · 1893
- Colman v. . CrumpNew York Court of Appeals · 1877
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by22 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
- National Circle, Daughters of Isabella v. National Order of Daughters of IsabellaCourt of Appeals for the Second Circuit · 1920
- B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
- Benevolent & Protective Order v. Improved Benevolent & Protective Order of the WorldNew York Court of Appeals · 1912
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