Cutter v. Gudebrod Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gndebrod Brothers Company, from a. judgment of the Supreme Court.in favor of the plaintiff, entered in. the office of the clerk, of the county of Kings on the 8th day. of April, 1899, upon .the decision of the court, rendered after a trial at.the Kings County Special Term, restraining the defendant from using certain trade names. ...
1Opinion of the Court
Hatch, J.:
When this case was before us upon a former appeal (36 App. Div. 362), we held that the plaintiff had a property right in his own name of which, under the circumstances, he could not be deprived, and of -vGiich he might avail himself for the purpose of business use without infringing' the right of any other person or corporation.' We also held that the defendant acquired no title to the name of the plaintiff of which it might make use as a trade name, except so far as it obtained the right to vend the spools of silk which wére manufactured by the corporation, and other property…
2Cases cited8 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Caswell v. . HazardNew York Court of Appeals · 1890
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
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3Cited by5 opinions
- Pfaudler v. Pfaudler Co.New York Supreme Court · 1921
- Freeman v. FreemanAppellate Division of the Supreme Court of the State of New York · 1903
- Boyce v. Stein Bros. & Boyce, Inc.Court of Appeals of Maryland · 1970
- Lowell Lamb & Co. v. HerskovitsAppellate Division of the Supreme Court of the State of New York · 1923
- Joseph Laurer Brewing Co. v. EhresmanAppellate Division of the Supreme Court of the State of New York · 1908