Legal Opinion

Quinby & Co. v. Funston

New York Supreme Court

Decided August 29, 1958PublishedCited by 2 opinions

1Opinion of the CourtJames C. O’Brien, J.

Plaintiff complains that defendants’ conduct constitutes unfair competition. Plaintiff seeks a permanent injunction and money damages.

The conduct complained of consists in the publication and wide circulation by both defendants of pamphlets explaining and promoting the “Monthly Investment Plan” (hereinafter called “ M.I.P.”). Plaintiff claims that certain statements contained in those pamphlets are false and derogatory and damaging to the plaintiff and that their publication and circulation constituted unfair competition; that unless defendants be enjoined, plaintiff in the future will suffer…

2Cases cited21 opinions

  1. Black & Yates, Inc. v. Mahogany Ass'nCourt of Appeals for the Third Circuit · 1942
  2. Dior v. MiltonNew York Supreme Court · 1956
  3. Anheuser-Busch, Inc. v. Du Bois Brewing Co.Court of Appeals for the Third Circuit · 1949
  4. Lewyt Corporation v. Health-Mor, Inc.Court of Appeals for the Seventh Circuit · 1950
  5. Bristol-Myers Co. v. PickerNew York Court of Appeals · 1950

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3Cited by2 opinions

  1. Potamkin Cadillac Corp. v. Towne Cadillac Corp.District Court, S.D. New York · 1984
  2. SA Luxury Expeditions, LLC v. SchleienDistrict Court, S.D. New York · 2023

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