World's Dispensary Medical Ass'n v. Pierce
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1910, affirming a judgment in favor of plaintiff entered upon a decision' of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1910, affirming a judgment in favor of plaintiff entered upon a decision' of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment should be reversed because it protects the plaintiff, a stock corporation, in the use of the trade name “Dr. Pierce,” in carrying on the unlawful business of conducting the hospital and medical practice founded by Dr. Pierce. (People v. W. D. Inst., 192 N. Y. 454;…
1Opinion of the CourtCollin, J.
The action is to restrain unfair competition in the use of trade names.
The plaintiff was incorporated in 1879 under chapter 40 of the Laws of 1848 and the acts amendatory and supplemental thereto. The amendatory act, chapter 838 of the Laws of 1866, authorized an incorporation “ for the purpose of carrying on any kind of manufacturing, mining, mechanical, chemical, agricultural, horticultural, medical or curative business.” The objects for which the plaintiff was incorporated were “the manufacturing, compounding and vending of medicines, consultation and operating in surgery, consultation and…
2Cases cited7 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Prince Manufacturing Co. v. Prince's Metallic Paint Co.New York Court of Appeals · 1892
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3Cited by18 opinions
- Youngs Rubber Corporation v. CI Lee & Co.Court of Appeals for the Second Circuit · 1930
- David B. Findlay, Inc. v. FindlayNew York Court of Appeals · 1966
- Extrin Foods, Inc. v. LeightonNew York Supreme Court · 1952
- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- Westphal v. Westphal's World's Best Corp.Appellate Division of the Supreme Court of the State of New York · 1926
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