R. B. DAVIS CO. v. DAVIS

No. 276.

75 F.2d 499 (1935)

R. B. DAVIS CO. v. DAVIS.

Circuit Court of Appeals, Second Circuit.

February 4, 1935.


Attorney(s) appearing for the Case

Matthew J. Shevlin, of New York City, for appellant.

Nims & Verdi, of New York City (Harry D. Nims, Marion L. Severn, and Stewart W. Richards, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

In general we are in agreement with the disposition of this case made by the District Judge. Laying aside all controverted issues, it is apparent that the defendant, long before his business could have become substantial, learned that the use of his name in the baking powder business would be likely to interfere with the plaintiff's old and well-known name. Thereafter he went on at his peril, even though his original purpose was innocent; a conclusion...

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