Westphal v. Westphal's World's Best Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMerrell, J.
The facts upon which this controversy depends are somewhat unusual. Both the plaintiff and the defendants are manufacturing and selling to the trade hair tonics of practically the same color and which for a time were put up in containers similar in form; and the tonics put out by both parties were quite similar in appearance, differing slightly in the perfume used in connection with their manufacture. These hair tonics had their inception many years ago with the coming to this country of a German by the name of Paul Westphal. The elder Paul Westphal was a barber and ran a small shop on the…
2Cases cited10 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Donnell v. Herring-Hall-Marvin Safe Co.Supreme Court of the United States · 1908
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- World's Dispensary Medical Ass'n v. PierceNew York Court of Appeals · 1911
- De Long v. De Long Hook & Eye Co.New York Supreme Court · 1895
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3Cited by15 opinions
- Murphy Door Bed Co. v. Interior Sleep Systems, Inc.Court of Appeals for the Second Circuit · 1989
- Hat Corporation of America v. DL Davis CorporationDistrict Court, D. Connecticut · 1933
- Wood v. Wood's Homes, Inc.Colorado Court of Appeals · 1974
- Sullivan v. Ed Sullivan Radio & T. V. Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Madison v. LaSeneWashington Supreme Court · 1954
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