Plant Seed Co. v. Michel Plant & Seed Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. Under the evidence it must be declared as a matter of law that defendant’s name is an unlawful imitation of plaintiff’s name, and its use by defendant is unlawful. State ex rel. v. McCrath, 92 Mo. 355 ; Sanders v. Utt, 16 Mo. App. 324; Clenny v. Smith, 11 Jur. [N. S.] 964; Seed Co. v. Seed Co., 23 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. Under the evidence it must be declared as a matter of law that defendant’s name is an unlawful imitation of plaintiff’s name, and its use by defendant is unlawful. State ex rel. v. McCrath, 92 Mo. 355 ; Sanders v. Utt, 16 Mo. App. 324; Clenny v. Smith, 11 Jur. [N. S.] 964; Seed Co. v. Seed Co., 23 Mo. App.579 ; Guardian,etc., Co. v. Guardian,, etc., Co., 43 L. T. [N. S.] 791-3. The corporate name of the defendant company was adopted in violation of an express statute, and its nse may be enjoined at the suit of a…
1Opinion of the CourtBiggs, J.
This is not a trade-mark case, but is one of a kindred nature and depends to a great extent for a-proper solution on the application of the same equitable principles.
When a-person or business corporation has assumed the name of some other firm or corporation in the same line of business, or has adopted a name which so closely resembles that of a business rival, previously established, that the business of the latter is liable to be diverted and the public deceived on account of it, it has always been recognized as within the power or jurisdiction of a court of equity to restrain such person…
2Cases cited4 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- State v. ShoultzSupreme Court of Missouri · 1857
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886
- McCartney v. GarnhartSupreme Court of Missouri · 1870
3Cited by11 opinions
- Drive It Yourself Co. v. NorthCourt of Appeals of Maryland · 1925
- Bagby & Rivers Co. v. RiversCourt of Appeals of Maryland · 1898
- Continental Ins. v. Continental Fire Ass'nCourt of Appeals for the Fifth Circuit · 1900
- Nesne v. SundetSupreme Court of Minnesota · 1904
- Afro-American Order of Owls v. TalbotCourt of Appeals of Maryland · 1914
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