Grand Lodge Knights of Pythias of North & South America v. Grand Lodge Knights of Pythias
Supreme Court of Alabama
Appeal from Montgomery Chancery Conrt. Heard before Hon. John M. Ci-iilton, Special Chancellor. Bill by the Grand Lodge Knights of Pythias against the Grand Lodge Knights of Pythias of North and South America, Europe, Asia, etc., to enjoin and restrain the use of the name, and the use of badges, mottoes and insignias, etc. Prom a judgment overruling demurrer to the bill, respondent appeals.
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Appeal from Montgomery Chancery Conrt. Heard before Hon. John M. Ci-iilton, Special Chancellor. Bill by the Grand Lodge Knights of Pythias against the Grand Lodge Knights of Pythias of North and South America, Europe, Asia, etc., to enjoin and restrain the use of the name, and the use of badges, mottoes and insignias, etc. Prom a judgment overruling demurrer to the bill, respondent appeals. Subdivision 1 of section 3446, Code 1907, has no application to a corporation similar to the one here litigating, as it is not a business corporation, and hence, the equity of the bill must be tested by…
1Opinion of the CourtMayfield, J.
This bill is filed by the appellee, a benevolent and secret corporation, against another organization of like kind and character. The relief sought by the bill is purely injunctive, to restrain the respondent corporation from using the name assumed by it in either its grand or its subordinate lodges, and to prevent its using certain banners, ensigns, emblems, and mottoes, upon the ground that they are so like and simliar to those adopted and used by the complainant as to lead to confusion and uncertainty.
It is alleged in the bill that the name adopted, assumed, or used by the respondent…
2Cases cited8 opinions
- Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
- Lamb Knit-Goods Co. v. Lamb Glove & Mitten Co.Michigan Supreme Court · 1899
- Benevolent & Protective Order of Elks of the United States of America v. Improved Benevolent & Protective Order of Elks of the WorldTennessee Supreme Court · 1909
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3Cited by21 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Oden v. KingSupreme Court of Alabama · 1927
- Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953
- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
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