David B. Findlay, Inc. v. Findlay

This court decided in Meneely v. Meneely (62 N. Y. 427, 431-432) more than 90 years ago — and the rule, well settled then, has been consistently followed ever since — that “ every man has the absolute right to use his own name in his own business, even though he may thereby interfere with or injure the business of another person bearing the same name, provided he does not resort to any artifice or contrivance for the purpose of producing the impression that the establishments are identical, or do anything calculated to mislead. Where the only confusion created is that which results from the…