De Long v. De Long Hook & Eye Co.
New York Supreme Court
Appeal from special term, New York county. Action by Frank E. De Long and others against the De Long Hook & Eye Company, to restrain the use by defendant of the name “De Long” in connection with the manufacture of hooks and eyes. From an interlocutory decree entered on a decision in favor of plaintiffs (32 N. Y. Supp. 203), defendant appeals. Modified.
1Opinion of the CourtParker, J.
The learned judge at special term decided that the defendant corporation should be restrained from using, in selling or placing upon the market, in connection with its goods, the name “De Long Hook & Eye Company,” upon the ground that the selection of such name was made with intent to identify the defendant with the plaintiffs’ business, to the injury of the latter, and its use is calculated to induce deception and confusion in the public mind as to the identity of the goods sold by the plaintiffs and defendant, respectively. An attentive examination of the evidence satisfies us that the…
2Cases cited7 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887
- Fischer v. . BlankNew York Court of Appeals · 1893
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3Cited by10 opinions
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- Bates Mfg. Co. v. Bates Numbering Mach. Co.U.S. Circuit Court for the District of New Jersey · 1909
- Bender v. Bender Store & Office Fixture Co.Appellate Court of Illinois · 1913
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