Wm. P. Goldman & Bros. v. Goldstein

Levy, J.:

The plaintiff in this action, a manufacturer of men’s clothing, seeks an injunction against the defendants, a copartnership, restraining them from infringing upon its trade-mark. The plaintiff’s device consists of “ G. G. G.” in script form, while the defendants employ two script “ Gs ” with the “ & ” sign between them. The plaintiff is a larg'e concern doing extensive advertising, while the defendants have a much smaller business, but also do some advertising. Plaintiff’s use dates back to 1909, while defendants did not adopt their trade-mark until 1919.

It is evident that…