Porter v. American Tobacco Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The American Tobacco Company, from an order of the Supreme, Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of September, 1910, denying the defendant’s motion to compel the plaintiff to reply to a separate defense set up in the answer.
1Opinion of the Court
Woodward, J. :
The plaintiff brings this action to secure a perpetual injunction forbidding the defendant to make use of the plaintiff’s name and *872.picture for business purposes, and for damages for such use. The complaint alleges that the defendant “ wilfully, knowingly and without the written or oral consent of plaintiff, used the name and. picture or portrait of plaintiff, a living person, for advertising purposes and for the purposes of trade in the State of blew York and elsewhere, from the year 1909 to the present time and still continues to so use plaintiff’s name and picture,” and this…
2Cases cited1 opinion
- Lewis v. . HoweNew York Court of Appeals · 1903
3Cited by3 opinions
- Myers v. U. S. Camera Publishing Corp.City of New York Municipal Court · 1957
- Swacker v. WrightNew York Supreme Court · 1935
- Miller Oil Purchasing Co. v. City of VicksburgMississippi Supreme Court · 1974