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Trademark Your Name-Hmmm...

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  • Legalbear
    [26] In Meneely v. Meneely, 62 N.Y. 427, 431, where the facts are such as to appeal more strongly to a court of equity than those in the present case,
    Message 1 of 1 , Sep 18, 2010

      [26]       In Meneely v. Meneely, 62 N.Y. 427, 431, where the facts are such as to appeal more strongly to a court of equity than those in the present case, the following language is used: "For every man has the absolute right to use his own name in his own business, even though he may thereby interfere with or injure the business of another person bearing the same name, provided he does not resort to any artifice or contrivance for the purpose of producing the impression that the establishments are identical, or do anything calculated to mislead. Where the only confusion created is that which results from the similarity of the names the courts will not interfere. A person cannot make a trade mark of his own name, and thus obtain a monopoly of it which will debar all other persons of the same name from using their own names in their own business."

       

      [27]       In Singer Mfg. Co. v. June Mfg. Co., 163 U.S. 169, 187, 16 Sup. Ct. 1002, 41 L. Ed. 118, it is said: "Everyone has the absolute right to use his own name honestly in his own business, even though he may thereby incidentally interfere with and injure the business of another having the same name. In such cases the inconvenience or loss to which those having a common right are subjected is damnum absque injuria. But although he may thus use his name, he cannot resort to any artifice or do any act calculated to mislead the public as to the identity of the business firm or establishment, or of the article produced by them, and thus produce injury to the other beyond that which results from the similarity of name." Dapron v. Russell., 1930.CO.40082 <http://www.versuslaw.com>ΒΆΒΆ 26-27; 288 P. 178 (Colo. 1930).

       

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