Boyshform Brassiere Co. v. Modishform Brassiere Co.

McAvoy, J.:

The court at Special Term denied plaintiff’s motion for an injunction to restrain defendants from using the title “ Modishform ” in connection with the business of manufacturing and selling an article of ladies’ wearing apparel. Both parties are manufacturers of brassieres, which is an article commonly used in the apparel of women.

*15In January, 1921, plaintiff registered in the United States Patent Office as a trade mark the word “ Boyshform,” which design or insignia the plaintiff had adopted and used continuously in its business since July 24, 1919. The statement in the trade mark…