Messer v. Fadettes
Massachusetts Supreme Judicial Court
Bill in eqttitt, filed in the Superior Court, to restrain the use of an alleged trade name. Hearing before Braley, J., who found the following facts. On October 1, 1888, Ethel Atwood organized an orchestra composed exclusively of women musicians, and selected as a name for such organization “ Fadette Ladies’ Orchestra,” and afterwards advertised the services of such orchestra throughout New England.
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Bill in eqttitt, filed in the Superior Court, to restrain the use of an alleged trade name. Hearing before Braley, J., who found the following facts. On October 1, 1888, Ethel Atwood organized an orchestra composed exclusively of women musicians, and selected as a name for such organization “ Fadette Ladies’ Orchestra,” and afterwards advertised the services of such orchestra throughout New England. Such organization became well known to the musical profession, and to the public generally, in a favorable manner, under the name “ Fadette Ladies’ Orchestra,” by reason of the character and…
1Opinion of the CourtKnowlton, J.
Ethel Atwood organized and employed a band of musicians called the “ Fadette Ladies’ Orchestra,” and hired and paid the members of it. She sold to the plaintiff all her “ right, title, and interest in and to the organization known as the 1 Fadette Ladies’ Orchestra,’ . . . together with all rights acquired in and to the establishment, name, and trademark in the words of 1 Fadette Ladies’ Orchestra,’ ” and then ceased to have any connection with the company. The other members of the orchestra were not parties to the contract, and did not agree to continue to play under the direction or…
2Cases cited13 opinions
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- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
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3Cited by13 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1926
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
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- Blakely v. SousaSupreme Court of Pennsylvania · 1900
- Cardinal v. TaylorMassachusetts Supreme Judicial Court · 1939
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