Bregstone v. Greenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nathan Bregstone, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of December, 1919, denying plaintiff’s motion for an injunction pendente lite.
1Opinion of the Court
Greenbaum, J.:
Plaintiff appeals from an order made at Special Term, denying a motion for an injunction to restrain the defendants pendente lite from making, selling and offering for sale or disposing of any boys’ blouses and shirts having thereon the label “ The Aero Brand ” or any similar name in imitation of the plaintiff’s trade mark “ The Hero Brand.”
The affidavits show that the plaintiff has been engaged in the business of manufacturing and selling boys’ blouses and shirts for about twenty-four years; that he has acquired a high reputation among the purchasing public in his business;…
2Cases cited2 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Knox Hat Co. v. Self-Service Millinery Stores, Inc.New York Supreme Court · 1930
- Stewarts Sandwiches, Inc. v. Seward's Cafeteria, Inc.District Court, S.D. New York · 1932
- Miles Shoes of New York, Inc. v. Niles Bootery, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Bernhard Ulmann Co. v. Wool Novelty Co.New York Supreme Court · 1938