Davis v. Apollo Magneto Corp.
This text of 240 A.D. 909 (Davis v. Apollo Magneto Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment modified by inserting after the word “whatsoever ” in the last line of the second paragraph of the decretal portion thereof the following: But defendants may make and market a stabilizer of substantially the same material and shape as the Davis Stabilizer, provided it is free from the distinctive bright rivets and rivet-heads and precise form of roughening on the members of the device, and any distinctly decorative features of the Davis Stabilizer; and provided further, that there appear conspicuously thereon the word “ Apollo ” or the words “ Apollo Stabilizer,” or any other name distinctively different from “ Davis,” so that such appellation is inseparably part of a member of the device. As so modified the judgment is unanimously affirmed, without costs. No opinion. Conclusion of law numbered 6 is amended by inserting therein a corresponding provision. Present — Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ.
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240 A.D. 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-apollo-magneto-corp-nyappdiv-1933.