Legal Opinion

Giragosian v. Chutjian

Massachusetts Supreme Judicial Court

Decided March 1, 1907PublishedCited by 10 opinions

Bill in EQUITY, filed in the Supreme Judicial Court on January 21, 1905, to restrain the defendant from using the names “ Oriental Rug and Carpet Renovating Company ” and “ Oriental Carpet and Rug Renovating Company ” to designate or in connection with the defendant’s business, praying for an injunction and for damages. The case was heard by Sheldon, J., who found the facts which are stated in substance in the opinion.

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Bill in EQUITY, filed in the Supreme Judicial Court on January 21, 1905, to restrain the defendant from using the names “ Oriental Rug and Carpet Renovating Company ” and “ Oriental Carpet and Rug Renovating Company ” to designate or in connection with the defendant’s business, praying for an injunction and for damages. The case was heard by Sheldon, J., who found the facts which are stated in substance in the opinion. He made a decree enjoining the defendant from using, in connection with his business, the name “ Oriental Carpet and Rug Renovating Works,” or any other colorable imitation of…

1Opinion of the CourtKnowlton, C. J.

The plaintiff contends that the defendant has interfered with his rights to the use of his trade name, “ Oriental Process Rug Renovating Company,” as a designation of the business carried on by him. The single justice who heard the case found that the plaintiff has used this name since September, 1900, and that the defendant began to carry on a business similar to that of the plaintiff at about the same time, under the name, “ Oriental Rug and Carpet Renovating Works.” “ When the defendant adopted this name the plaintiff had not acquired any rights in his own trade name; it had not become…

2Cases cited5 opinions

  1. American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
  2. Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
  3. George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
  4. Chapman v. Banker & Tradesman Publishing Co.Massachusetts Supreme Judicial Court · 1880
  5. Smith v. WilliamsMassachusetts Supreme Judicial Court · 1875

3Cited by10 opinions

  1. Summerfield Co. v. Prime Furniture Co.Massachusetts Supreme Judicial Court · 1922
  2. Abner's Beef House Corp. v. Abner's Internat'l, Inc.Supreme Court of Florida · 1969
  3. Jenney Manufacturing Co. v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1935
  4. General Fruit Stores, Inc. v. MarkarianMassachusetts Supreme Judicial Court · 1938
  5. Feeney v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1939

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