Seeman v. Zechnowitz
Appellate Division of the Supreme Court of the State of New York
Appeal from an order entered on the. 5th day of January, 1910, granting a preliminary injunction to restrain appellant from infringing respondents’ trade mark and to restrain him from unfair trade competition.
1Opinion of the Court
Scott, J.:
It is quite true, as the appellant contends, that an injunction pendente lite will not usually be granted in an action of this character unless the right thereto is made to appear quite clearly. As to the right to enjoin defendant’s use of the name “ White Lily,” disassociated from the labels which defendant has recently adopted, we are unwilling to decide upon the papers now before us. That qiiestion may well wait upon the trial of the action. As to the labels, however, we entertain no doubt at all.. They are an obvious, palpable imitation of plaintiffs’ label, unquestionably…
2Cited by1 opinion
- Gotham Silk Hosiery Co. v. ReingoldAppellate Division of the Supreme Court of the State of New York · 1925