Legal Opinion

Fromer v. Ottenberg

New York Supreme Court

Decided December 15, 1901PublishedCited by 3 opinions

Action in equity to restrain defendants from using plaintiff’s trade-marks and for an accounting to ascertain damages. Motion for a compulsory reference.

1Opinion of the CourtClarke, J.

This is a suit in equity to restrain defendants from using plaintiff’s trade-marks and for an accounting to ascertain damages. The complaint alleges: Plaintiff’s ownership; a license granted defendants to use the trade-marks in consideration of defendants employing plaintiff’s husband, Louis F. Fromer, as salesman under an agreement between said Fromer and defendants of even date with the license; performance by plaintiff and by said Fromer of all the terms of his agreement and its termination on January 1, 1901; that the license “was, by the terms of the agreements of the parties, to be…

2Cases cited3 opinions

  1. Camp v. . IngersollNew York Court of Appeals · 1881
  2. Thayer v. . McNaughtonNew York Court of Appeals · 1889
  3. Importers & Traders' National Bank of New York v. WernerAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by3 opinions

  1. Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
  2. Durwood v. DubinskySupreme Court of Missouri · 1956
  3. Durwood v. DubinskySupreme Court of Missouri · 1956

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