Tuerk Hydraulic Power Co. v. Tuerk
New York Supreme Court
Appeal from judgment on report of referee. Action by the Tuerk Hydraulic Power Company against Frederick W. Tuerk, Jr., and others, for injunction. From a judgment for plaintiff, entered in Onondaga county on report of referee, defendants appeal.
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Appeal from judgment on report of referee. Action by the Tuerk Hydraulic Power Company against Frederick W. Tuerk, Jr., and others, for injunction. From a judgment for plaintiff, entered in Onondaga county on report of referee, defendants appeal. In the judgment it is adjudged: “That the defendants Frederick W. Tuerk, Jr., John Hunter, and James O. Hunter, and each of them, be, and they are hereby, perpetually enjoined and restrained from using the name of ‘The Tuerk Water-Meter Company,’ or any other substantial imitation of the name ‘The Tuerk Water-Motor Company,’ and from printing,…
1Opinion of the CourtHardin, P. J.
Having carefully read the evidence found in the appeal book, the conclusion is reached that the findings of fact made by the learned referee are sustained by the testimony offered before him at the trial. We think the evidence indicates very clearly that the use by the defendants of the name “The Tuerlc Water-Meter Company,” and the practices in respect thereto adopted by the defendants, led to confusion arising from its similarity to the name of the motor of the plaintiff, and that the similarity was such as to cause persons dealing in the articles to suppose it to be the same. In…
2Cases cited10 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Newman v. . AlvordNew York Court of Appeals · 1872
- Colman v. . CrumpNew York Court of Appeals · 1877
- Popham v. . ColeNew York Court of Appeals · 1876
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3Cited by2 opinions
- Ft. Stanwix Canning Co. v. William McKinley Canning Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Benedict v. EldridgeAppellate Division of the Supreme Court of the State of New York · 1897