Atkinson v. John E. Doherty & Co.
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by Lyda Atkinson against John E. Doherty & Company, a corporation, to restrain the use for advertising purposes of the name and likeness of her deceased husband. From a decree dismissing the bill, complainant appeals.
1Opinion of the CourtHooker, J.
The late Col. John Atkinson.was a well-known lawyer and politician. After his death, the defendant, a manufacturer of cigars, brought out an article that it named the John Atkinson cigar, and sought to put it upon the market under a label bearing that name and a likeness of Col. John Atkinson. The widow of Col. Atkinson filed a bill to restrain this, and upon the hearing the circuit court made a decree dismissing the bill with costs, and the complainant has appealed.
As a rule, names are received at the hands of parents, —surnames by inheritance, and Christian names at their will. But this is…
2Cases cited11 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Schuyler v. . CurtisNew York Court of Appeals · 1895
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3Cited by41 opinions
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Melvin v. ReidCalifornia Court of Appeal · 1931
- Baumann v. BaumannNew York Court of Appeals · 1929
- Hinish v. Meier & Frank Co.Oregon Supreme Court · 1941
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