Legal Opinion

O'Grady v. McDonald

New Jersey Court of Chancery

Decided March 27, 1907PublishedCited by 8 opinions

On bill for injunction. Complainant is the owner of a hotel on Arkansas avenue, in Atlantic City, known as “The Hotel Dominion,” and seeks to restrain defendant from using the name “The New Dominion” for a hotel which defendant has recently erected on that avenue within a few hundred feet from the hotel owned by complainant. The theory of the bill is that defendant is violating rights which complainant has acquired by prior appropriation of the trade name stated.

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On bill for injunction. Complainant is the owner of a hotel on Arkansas avenue, in Atlantic City, known as “The Hotel Dominion,” and seeks to restrain defendant from using the name “The New Dominion” for a hotel which defendant has recently erected on that avenue within a few hundred feet from the hotel owned by complainant. The theory of the bill is that defendant is violating rights which complainant has acquired by prior appropriation of the trade name stated. Heard, at the return of an order to show cause for a preliminary injunction, on bill and affidavits and answer and affidavits.

1Opinion of the Court

Teaming, V. C.

There can be no doubt of the power of a court of equity to restrain the improper use of a trade name. The principles involved are, in many respects, analogous to those arising in the protection of trade marks. Busch v. Gross, 71 N. J. Eq. (1 Buch.) 508; International Silver Co. v. William H. Rogers Corporation, 67 N. J. Eq. (1 Robb.) 646; Eureka Fire Hose Co. v. Eureka Manufacturing Co., 69 N. J. Eq. (3 Robb.) 159. Complainant’s hotel has been conductetd under the name “The Hotel Dominion” for upwards of twelve years. That name has necessarily become so associated with the hotel…

2Cited by8 opinions

  1. Edmondson Village Theatre, Inc. v. EinbinderCourt of Appeals of Maryland · 1955
  2. Miller Rubber Co. v. BehrendCourt of Appeals for the Second Circuit · 1917
  3. Boice v. StevensonArizona Supreme Court · 1947
  4. American Shops, Inc. v. AM. FASHION, & C., INC.New Jersey Superior Court Appellate Division · 1951
  5. Weiss v. the Stork Gift ShopNew Jersey Court of Chancery · 1946

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