White Studio, Inc. v. Dreyfoos
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1914, affirming a judgment in favor of defendants entered upon an order of the court at Special Term granting a motion by defendants for judgment on the pleadings.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1914, affirming a judgment in favor of defendants entered upon an order of the court at Special Term granting a motion by defendants for judgment on the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. - The complaint sets forth a perfectly sound cause of action within the elastic jurisdiction of a court of equity. Plaintiff’s trade name and business reputation should be protected and the defendants should be restrained from…
1Opinion of the CourtCrane, J.
This action is brought to restrain unfair competition, and the Appellate Division has decided that the complaint does not state a cause of action.
We agree with the Appellate Division that so much of the complaint as alleges that the defendants reproduced photographs of individuals taken by the plaintiff, placing thereon the name of “ Apeda, New York,” does not state a cause of action.
The complaint, however, further alleges that the plaintiff took photographs of stage scenes and characters, known in the theatrical profession as “ flash lights ” and affixed thereto its trade name “White;” that…
2Cases cited7 opinions
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Ball v. . Broadway BazaarNew York Court of Appeals · 1909
- Benevolent & Protective Order v. Improved Benevolent & Protective Order of the WorldNew York Court of Appeals · 1912
- Howard v. HenriquesThe Superior Court of New York City · 1851
- Munro v. . TouseyNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gotham Music Service, Inc. v. Denton & Haskins Music Publishing Co.New York Court of Appeals · 1932
- Harvey Machine Co. v. Harvey Aluminum Corp.New York Supreme Court · 1957
- AAA Viza, Inc. v. Business Payment Systems, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Ball v. United Artists Corp.Appellate Division of the Supreme Court of the State of New York · 1961
- Meyers v. Waverly Fabrics, Division of F. Schumacher & Co.New York Court of Appeals · 1985
10 more not listed; retrieve them via the Exa API.