Legal Opinion
B.P.O. Elks v. . Improved B.P.O. Elks
New York Court of Appeals
Decided May 24, 1912PublishedCited by 28 opinions
1Opinion of the Court
This is a suit to restrain the defendant from using a corporate name so closely resembling that of the plaintiff as to be calculated to mislead and deceive the public and persons having transactions with either corporation. The plaintiff has been awarded the injunction which it sought, and upon a unanimous affirmance of the restraining judgment the defendant has appealed to this court. Although there are nominally two defendants, they constitute but one organization and will be treated as one defendant in this opinion.
The plaintiff was incorporated by a special act of the legislature (Laws of…
2Cases cited4 opinions
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
- Supreme Lodge Knights of Pythias v. Improved Order Knights of PythiasMichigan Supreme Court · 1897
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
- Salvation Army in the United States v. American Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by28 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Association of Contracting Plumbers of the City of New York, Inc. v. Contracting Plumbers Ass'n of Brooklyn & Queens, Inc.New York Court of Appeals · 1951
- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
- National Circle, Daughters of Isabella v. National Order of Daughters of IsabellaCourt of Appeals for the Second Circuit · 1920
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