Kingsley v. Jacoby
New York Supreme Court
Action by Herbert M. Kingsley and another, partners as H. M. Kingsley & Bauman, against Herman Jacoby, to restrain the use of the name of plaintiffs’ hotel as a trade-mark for defendant’s cigars. A preliminary injunction was granted, and plaintiffs move to continue the same. Motion granted.
1Opinion of the CourtTruax, J.
There is no doubt that the defendant intended to represent to the public that his cigars were in some way connected with the hotel known as “Holland House,’’ in this city; and that the suggestion that the cigars were called “Holland House Bouquets,” because some of the tobacco of which they were made was purchased from Holland houses engaged in the tobacco business, is a disingenuous afterthought. In fact, in the defendant’s letter to the plaintiffs written in February, 1892, he said that “the well-known and justly-deserved popularity of your hotel has served as an inducement for me to apply…
2Cases cited2 opinions
- Howard v. HenriquesThe Superior Court of New York City · 1851
- Christy v. MurphyNew York Supreme Court · 1856
3Cited by2 opinions
- Long's Hat Stores Corp. v. Long's Clothes, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Meldrum v. ShubertIllinois Circuit Court · 1904