Premier-Pabst Corporation v. Elm City Brewing Co.

H1NCKS, District Judge.

Plaintiff’s counsel has argued that the defendant’s appropriation of the words “Olde Maestro” is an enjoinable appropriation of a property right in the plaintiff, in that it is an appropriation by a competitor of “advertising value” paid for by the plaintiff. But the meaning which is thus assigned to the phrase “advertising value” is so uncertain that I am unable to pass upon the validity of the claim. I prefer to treat it as an invitation to analysis.

That every man has a privilege for purposes of trade to use and publicize his own legal name or his own trade-name or…