Lowenstein v. Lowenstein's, Inc.

The plaintiff seeks in his bill in equity to have the defendant, a Massachusetts corporation, restrained from using the name “Lowenstein’s, Inc.,” or the name “Lowenstein” in its business or as part of its corporate name or as a trade name. He has appealed from a decree dismissing the bill entered by a judge of the Superior Court who heard the case on a master’s report.

The plaintiff and his brother as partners were for many years engaged in the business of buying and selling new and used furniture. In 1927 they incorporated the business under the name “A. Lowenstein and Sons, Incorporated.”…