Dodge Stationery Co. v. Dodge
California Supreme Court
The facts are stated in the opinion of the court. A. E. Shaw, J. F. Riley, and Page, McCutchen, Harding & Knight, for Appellants. A man has an inalienable right to the use of his own name, and any use of which incidentally interferes with the business of another having the same name is damnum absque injuria. (Singer Mfg. Co. v. June Mfg.
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The facts are stated in the opinion of the court. A. E. Shaw, J. F. Riley, and Page, McCutchen, Harding & Knight, for Appellants. A man has an inalienable right to the use of his own name, and any use of which incidentally interferes with the business of another having the same name is damnum absque injuria. (Singer Mfg. Co. v. June Mfg. Co., 163 U. S. 169; Brown Chemical Co. v. Meyer, 139 U. S. 540; Turton v. Turton, (1889) 42 Ch. Div. 128; Harson v. Halkyard, 22 R. I. 102; Cutter v. Gudebrod Bros., 36 App. Div. 362; 55 N. Y. Supp. 298, 304 (s. c. 44 App. Div. 605, 61 N. Y. Supp. 225); Elgin…
1Opinion of the CourtAngellotti, J.
This action was brought to obtain a decree enjoining the defendants from maintaining certain signs, doing business under certain names and designations, or using the same in the conduct of their business, using or exhibiting certain samples, and enjoining the defendant corporation from using its corporate name, or any other name in colorable imitation of plaintiff’s corporate name, in the conduct of its business.
Plaintiff had judgment substantially in accord with the prayer of its complaint, and defendants have appealed from such judgment.
The findings of the trial court and allegations of the…
2Cases cited12 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Lane Bryant, Inc. v. Maternity Lane, Ltd.Court of Appeals for the Ninth Circuit · 1949
- National Lead Co. v. WolfeCourt of Appeals for the Ninth Circuit · 1955
- MacSweeney Enterprises, Inc. v. TarantinoCalifornia Court of Appeal · 1951
- Federal Securities Co. v. Federal Securities Corp.Oregon Supreme Court · 1929
- Wood v. PefferCalifornia Court of Appeal · 1942
42 more not listed; retrieve them via the Exa API.