Legal Opinion
Charcoal Steak House of Charlotte, Inc. v. Staley
Supreme Court of North Carolina
Decided December 16, 1964No. 262PublishedCited by 38 opinions
1Opinion of the CourtShaep, J.
This appeal presents only one question: Taking all the evidence as true, does it entitle plaintiff to an injunction restraining defendant from using the words charcoal steak house in his business name?
We are concerned here with a trade name. “Whether the name of a (business) ... is to be regarded as a trade-mark, a trade name, or both, is not entirely clear under the decisions. To some extent the two terms overlap, but there is a difference more or less definitely recognized, which is, that, generally speaking, the former is applicable to the vendible commodity to which it is affixed, the…
2Cases cited10 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Yellow Cab Co. v. CreasmanSupreme Court of North Carolina · 1923
- Carolina Aniline & Extract Co. v. RaySupreme Court of North Carolina · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Dranoff-Perlstein Associates v. Harris J. SklarCourt of Appeals for the Third Circuit · 1992
- Amp Incorporated v. Howard J. Foy, Jr.Court of Appeals for the Fourth Circuit · 1976
- Pinehurst, Inc. v. O'Leary Bros. Realty, Inc.Court of Appeals of North Carolina · 1986
- Georgia Pacific Consumer Products, LP v. Von Drehle Corp.Court of Appeals for the Fourth Circuit · 2010
- Henderson v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1997
33 more not listed; retrieve them via the Exa API.