Opinion · New York Court of Appeals

David B. Findlay, Inc. v. Findlay

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 676 (New York Court of Appeals 1966)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1966-07-07
Topic
general

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, as follows: Defendants-appellants contended that the Constitution of the United States guarantees the right of every man to use his own name in his own business. Defendants-appellants, also, contended that the Constitution and laws of the United States prevent a State from limiting the use of a name which is not otherwise limited by the Federal patent or copyright laws, in the absence of a palming off of goods of one man as those of another. The Court of Appeals held that there was no violation of defendants-appellants’ rights. [See 18 N Y 2d 12.]

Citator

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Cited by
5 opinions

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, as follows: Defendants-appellants contended that the Constitution of the United States guarantees the right of every man to use his own name in his own business. Defendants-appellants, also, contended that the Constitution and laws of the United States prevent a State from limiting the use of a name which is not otherwise limited by the Federal patent or copyright laws, in the absence of a palming off of goods of one man as those of another. The Court of Appeals held that there was no violation of defendants-appellants’ rights. [See 18 N Y 2d 12.]