People ex Rel. Columbia Chemical Co. v. O'Brien

2 Citing cases

  1. Rochester Sav. Bank v. Rochester Sav. Loan Assn

    170 Misc. 983 (N.Y. Sup. Ct. 1939)   Cited 10 times
    In Rochester Savings Bank v. Rochester Savings Loan Ass'n, 170 Misc. 983, 11 N.Y.S.2d 130 (Sup.Ct.Mon.Co. 1939), for example, the court endorsed the plaintiff's argument that "during its long and successful career the words `Rochester Savings' [had] become associated in the minds of the public with its own institution."

    The action of the Superintendent of Banks in granting permission to use the name is not conclusive. ( People ex rel. Columbia Chemical Co. v. O'Brien, 101 A.D. 296; Pansy Waist Co. v. Pansy Dress Co., 203 id. 585; Matter of Bank of Europe, supra; Matter of Albany City Savings Institution, supra.) New York Trust Co. v. New York County Trust Co. ( 125 Misc. 735; affd., 215 A.D. 699), relied on by defendant, was an application for an injunction pendente lite.

  2. Lockport Canning Co. v. Pusateri

    79 Misc. 293 (N.Y. Sup. Ct. 1913)   Cited 2 times

    Thus it has been held that the name "Columbian Chemical Company" so nearly resembles the name "Columbia Chemical Company" that it is calculated to deceive. People ex rel. Columbia Chemical Co. v. O'Brien, 101 A.D. 296. This circumstance alone does not entitle the plaintiff to injunctive relief.