Opinion · New York Court of Appeals

Tecla Corp. v. Salon Tecla, Ltd.

249 N.Y. 157

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1928-07-19
Topic
general

Per Curiam. The use by the defendant of the peculiar and characteristic script which the plaintiff had long employed for the display of its name is calculated to emphasize unduly the similarity of names and forcibly to suggest to the public identity of origin or management. The judgment of the Appellate Division should be modified to the extent that defendant is enjoined from, writing or printing the word “ Tecla ” upon any signs, *159 cards, stationery or advertising matter in the peculiar and characteristic script used by the plaintiff, and as modified affirmed, with costs to the plaintiff in the ■ Appellate Division and in this court. Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ., concur; Crane, J., not sitting.

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Cited by
8 opinions
Per Curiam.

The use by the defendant of the peculiar and characteristic script which the plaintiff had long employed for the display of its name is calculated to emphasize unduly the similarity of names and forcibly to suggest to the public identity of origin or management. The judgment of the Appellate Division should be modified to the extent that defendant is enjoined from, writing or printing the word “ Tecla ” upon any signs, *159 cards, stationery or advertising matter in the peculiar and characteristic script used by the plaintiff, and as modified affirmed, with costs to the plaintiff in the ■ Appellate Division and in this court.

Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ., concur; Crane, J., not sitting. Judgment accordingly.