Benevolent & Protective Order v. Improved Benevolent & Protective Order of the World
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1909, which unanimously affirmed a judgment of Special Term enjoining and restraining the defendants from using the name “.Improved Benevolent and Protective Order of Elks of the World” or any similar name and from adopting and using badges, buttons and colors similar to those in use by the plaintiff.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1909, which unanimously affirmed a judgment of Special Term enjoining and restraining the defendants from using the name “.Improved Benevolent and Protective Order of Elks of the World” or any similar name and from adopting and using badges, buttons and colors similar to those in use by the plaintiff. The facts, so far as material, are stated in the opinion. Injunctions against the use of names are in protection of trade and traders only. (Levy v.…
1Opinion of the CourtWillard Bartlett, J.
This is a suit to restrain the defendant from using a corporate name so closely resembling that of the plaintiff as to be calculated to mislead and deceive the public and persons having transactions with either corporation. The plaintiff has been awarded the injunction which it sought, and upon a unanimous affirmance of the restraining judgment the defendant has appealed to this court. Although there are nominally two defendants, they constitute but one organization and will be treated as one defendant in this opinion.
The plaintiff was incorporated by a special act of the legislature (Laws of…
2Cases cited4 opinions
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
- Supreme Lodge Knights of Pythias v. Improved Order Knights of PythiasMichigan Supreme Court · 1897
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
- Salvation Army in the United States v. American Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by23 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
- National Circle, Daughters of Isabella v. National Order of Daughters of IsabellaCourt of Appeals for the Second Circuit · 1920
- Grand Lodge of Improved, Benevolent & Protective Order of Elks of the World v. Grand Lodge, Improved, Benevolent & Protective Order of Elks of the World, Inc.Court of Appeals for the Fourth Circuit · 1931
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