The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-05
A NAMELESS NEWSPAPER.
"NEW roRE -" FIGHTING ron
THE Word "COuM ERCIAL."

-
..Coanereiai Advertiser SAYS II Itseir Is
Huown ss '.The ComuserciaI." Although
That Isn't 1ts Name. and 30 Nobedy Else Cas-
Use the Substantive as q Newspaper Title.
Tho motion Of the Com mercidl Advertiser for
an order TO make permanent a temporary in
junction restraining the Neio York Com me,ciol,
n new financial and commercial daily, from
u.lnR the namo Commercial" in its title was
argued before Justice DAILY Of the Supreme
Court yesterday. Owing to the issue OF a tenn
porary Injunction by Justice Smyth last Friday
the hrst two numbers of tho paper had como
out under tho title Of tho New York -"
Tho new paper is published by D.. o. Haynes s.
Co., the head of which firm u. o. Haynes. for n
number of years tho publisher of the Shipping
and Commercial List and Nctc Fork Price Cur.
rent, was In court with a mass Of afidavits and
other newspapers which uso the word Com
mcrcial" in their title, in defence Of the right to
the name OF his new paper.
The position of Lawyer William williams,
appearing for tho plaintiff, was In the main that
the Commercial Advertiser is known moro com.
monty as tho Commercial. and that tho Court
should cnjoin the use not only Of its right name
but Of the name it has received in common par.
lance. lie said that II the word commercial
was used by the defendant as an adjective in
stead of MS a noun he would have no cause for
YIN - - - ~ ooae NAhNs hbO popOI
could b. called tho Commercial List" or
Commercial" anything else. as the word used
ms an adjective would be merely descriptive.
but that in effect to use tho word as q noun was
to use tho namo OF plaintiffs paper. He pre-
scented tho afidavits of q number of news
boys and newsmen to the effect that the
Commercial Advertiser is commonly called
by them and their customers tho Com
mercidt. He referred to q number
OF cases which he said bore out his contention.
One Of these referred to an injunction which
tho Irving House got against the use Of tho
name Irving Hotel" in which there was evil
6ence that the plaintiffs hotel was commonly
known both as Irving House and as Irving Ho-
toll. Another case was where tho National
police Gdsette got an injunction against the
use IS OF the CT n lam 10 Hnitea States PGaics Ga,ette:
heading Of those two papers were similar. their
field similar, and the defendant's paper was
lice Gazette" could be read in tho heading.
A. IL. .Masten: attorney for the defendants,
facts in such q matter. and he would therefore
not go at length into precedents in tradcsmark
cases; He showed copies Of the new paper and
dicated that the heading was so different that
the public could not be mistaken. The new pa
in old English type. Even IL it were admitted
fi Z the ComSercial. still tSero should hSa be no
Injunction based on their alteration Of the real
name. For instance, he said that they might
present affda Wits showing that the Nelr
York Lao Journal is known around
the courts as the Journal and on tho
same plea they might seek to cnjoin Mr.. Hearst
from calling his paper the. journal. He said
that it is commonly known that the Commercial
Advertiser has so small a circulation that there
could be no suggestion that the now paper was
after any Of its patrons. Besides. he urged that
in the headlines of his old paper quite as long rs
the Commercial Advertiser has used the word in
its headline. Tho new paper Is n fivecent
paper and the Commercial 1drertiser sells for
two cents, so people could not be mistaken in
the price.
cial. !" for he said that in Trow's last city direc-
tory there are forty-three corporations that use
the word in their names. He also showed the
Court a number Of other periodicals. that have the
word commercial in their heading, among them:
and Comnerciat Hlorldi. He said that there
morning. Sunday. and tho afternoon, the
last named being designated Commercial"
TO distinguish it from the other -4drcr-
tisers. He quoted from editorials of these
papers in which it was stated, for instance. tho
Adrertfssr sends greetings" showing that the
cidL. but the advertiser. He also made the
point that there was nothing to show that tho
Commercial Advertiser had been injured or was
likely to be injured by the new name of Mr..
Haynes's pnper.
In reply Lawyer Williams commended that the
position Of his moving .affidavits that his paper
Is commonly known as the Commercial has not
been refuted in the defendant's afidavits, and
that the Injunction should stand on that proof.
The Court reserved decision.