New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-28
MAY NOT CHANGE THE NAME
TOO MUCH DANGER OF CONFUSION.
JUSTICE o'BRIEN DENIES THE APPLICATION OF
.ccOCIATION

JUSTICE o'BRIEN DENIES THE APPLICATION of
A VETERAN ASSOCIATION
The anpcaton OF the youngest of the veteran
aasociatjons of tho 18th Regiment for permission to
change IT'S name has been denied by Justice oDren oil
the Supreme Court. In an opinion handed down yes
tcdlay he says:
This Is an application by the petitioner for leave 10
assume another name. 1t originally organized uhaef
the Act OF 1875 authorizing the formation OF societies ana
clubs for social benevolent and other purposes whose
membership is restricted to those who served In the h
Regiment N. G. S. N Y. The name under when IL was
nco,no,,ed and which It used during It's existence
is The society OF the Honorable and the Veteran Com
,ade, Of tho 9TH Regiment Of the National Guard OF inc
State Of Newfork' .,,.
.ucb change upon proper notice. It be made to appear
o, ho no reasonable objection to the proposed change
The reason assigned in this application is that inc
present name long, and that the same uoes ho ~
eu c,nrcs. the character Of the said association az tnat
n, the Veteran Society Of the 7h Regiment NJ ". o. ~
=, ,,c, q, now asks TO assume. objection Is ma1c on
beba NJ two other organizations OF social ana
character TO wilt The Society OF War veterans OIL w.
-,h peg,mcnt n G. s. N. "" which is an unncofporaeu
hodv and the Veterans Of the 7th Regiment wheh
,or orcaniyaon borne this name since ABOUT 1910
nror TO which time 1t was known az The veterans Oh o
No,on,, Cuardu Is conceded that corporation OF an
society has exclusive right 70 the use Oh
s name that It's corporate name Is necessary eiemeh'
90 h existence Of the corporation and that such acts as
are calculated lnIurousy to anect us business OF n'au
or confuse ordinary persons as TO us Identity Sou ~ W
o,m,,tod H. therefore, upon careful inspection oil all
,ho circumstances attending the controversy con-
orr,o the use OF names styles alleged to be similar
tho Court is satisfied that there is such resemblance a. 10
nroaure deccpon confusion In the mndS OF orui"dIS
,o,aons the use Of such name Will be enloned at inc
sr,, ., marty establishing his claim to the original
appcllation. ., ,x, tho
The wrone.dolng in such case is presumed from u'c
similarity only and need not necessarily DC Daseu u
Gully knowledge fraudulent intent on tho part OF lne
,,.ta no IDENTITY for even similarity which "oula oc
likely to deceive msead an ordinary unsuspec'nS
n ohnoxlous TO the law. without. Therefore discusSnR Az
,engh the argument presented to show that there j. OF
not an Identity similarity In the names thcre are wv.
sI,ora,ions which seem controlling upon this
arncation the first is that the berent which the p'to
would mr. might obtain is moro than countcrDdhhceu w VIZ
rrv that reasonably might I've expected to follow 10 '
,ro other organizations who oppose this applications anu
oconav because the similarity in the name propoSeu y.
hc assumed to that Of the other TWO organi@"Vo
sumc,entlv close to show not only the possiOuS' % Wv
hahuv az pers1ns confusing the Identity OF inc uii''
pioo"S' A tbe law provides therefore, that the
c.,,on should not granted where there Is a redso
HE objection" to the proposed change anu 40 loud
affections presented reasonable ones 'ne 'pp'"'''
| he denied ordered accordingly
srpoNG DECISION FOR THE CARPET TRADE.
decision has been reached in tho SUIT IN .no o.n
c. circuIt Court for Southern District OF Ne"
So LII. webster Loom Company against Il. s. Hlg-
r,,s 4 Co. OF this city which practcahy n'o'o' ~
! interests OF the whole carpet Industry OIL inc s
THO s was begun in June, 1874. and Tor the infringe
mont q, patcnt on tho wro motion employed Ill pro,
Iuc,nc the pile Of tapestry carpet The SUIT IN 100
- a.,dcd N, tho defendants by Judge Wheeler on tno
| ,na that the patent was Invalid. subsequently TINS
Ioe,sion was reversed by tho Supreme Court Vi '"o
United States patent being sustained ana H. D nH
rns O. Co being declared infrlngers. Is was theh re-
serred 10 John A. Shields master 10 ascertain INC
amount TO be recovered by the complainant Inc mater
has been pending before tho master since oo-' A"o
.onnainant claimed as damages and pronts enormous
sums varying from 81. 100000 to s3ooooooo' ana
volumlnous testimony taken from all parts OF inc
United States and Eng and The master now reports
In an elaborate written opinion, that tho complainant
has failed TO establish any substantial claim ana the
decree will be for six The counsel for tho COM
pslnant were +. n. Dicterson and Edward stephens !
FOR the defendant Livingston Clifford and W. H. dilneh
STOKES AND READ MUST PAY THE RENT.
Judge Brown, Of the Brooklyn Supreme Court ned an
,pinon yesterday denying motion for new trial IN he
| .uit Of Captain william Tunbridge. OF tho Hotel 81
George to recover 900 for the premises at NO
| \ Boayerst New.Yori, which he leased to Edward D.
Stokes and Cassius IT. Read several years ago. me
rial OF the suit resulted verdict for the full amount
|