L. E. Waterman Co. v. Modern Pen Co.
District Court, S.D. New York
In Equity. Suit by the L. E. Waterman Company against the Modern Fen Company.
1Opinion of the Court
HAND, District Judge.
The Circuit Court of Appeals (183 Fed. 118, 105 C. C. A. 408) has decided that there should be no absolute injunction against the name “A. A. Waterman & Co.,” on the showing made. It is not therefore necessary to consider the question whether under any circumstances the court should altogether forbid a man from using his surname in a given business, and whether there may be cases where no accompanying phrase can prevent the result that the business of the first in the field will suffer by the competition of ’the second. Certainly the general rule is that such damage as so…
2Cases cited15 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Kidd v. JohnsonSupreme Court of the United States · 1880
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3Cited by13 opinions
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Sherman v. JacobsonDistrict Court, S.D. New York · 1965
- M. DeMatteo Construction Co. v. Board of AppealsMassachusetts Appeals Court · 1975
- Basile, S.P.A. v. Francesco BasileCourt of Appeals for the D.C. Circuit · 1990
- Appleseed Foundation Inc. v. Appleseed Institute, Inc.District Court, District of Columbia · 1997
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