Ellay Stores, Inc. v. Savitz

M.D. Pennsylvania

Ellay Stores, Inc. v. Savitz

29 F. Supp. 304, 43 U.S.P.Q. (BNA) 275, 1939 U.S. Dist. LEXIS 2303

CourtDistrict Court, M.D. Pennsylvania

DecidedAugust 23, 1939

DocketNo. 190

StatusPublished

This text of 29 F. Supp. 304 (Ellay Stores, Inc. v. Savitz) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellay Stores, Inc. v. Savitz, 29 F. Supp. 304, 43 U.S.P.Q. (BNA) 275, 1939 U.S. Dist. LEXIS 2303 (M.D. Pa. 1939).

Pincite

Opinion

ALBERT L. WATSON, District Judge.

This case is before the Court for determination of the defendant’s motion to dismiss the action and bill of complaint.

The complaint alleges that the plaintiff is a Delaware corporation incorporated under the name of Ellay Stores, Inc.; that in 1925 the plaintiff succeeded to the assets, business, good-will and trade name, “Peoples Clothing Company”, from Larus-Altheimer, and for more than thirty years this plaintiff and its predecessors operated and conducted several stores under the trade name “Peoples Clothing Company”; that the defendant, Joseph Savitz, is an individual residing within the Middle District of Pennsylvania. and trading under the name of “Peoples Household Supply Company”; that the defendant operates stores in some of the cities in which the plaintiff has its stores; that the defendant, through his employees, has solicited business with words, actions, conduct, and silence, calculated to deceive the public and plaintiff’s customers into believing that they were dealing with plaintiff, and that the public and said customers have been deceived and are being deceived.

The Court feels that the complaint sufficiently alleges a case of fraudulent and unfair competition for which the plaintiff is entitled to relief.

Defendant’s motion to dismiss the plaintiff’s complaint is denied.

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ALBERT L. WATSON, District Judge.

This case is before the Court for determination of the defendant’s motion to dismiss the action and bill of complaint.

The complaint alleges that the plaintiff is a Delaware corporation incorporated under the name of Ellay Stores, Inc.; that in 1925 the plaintiff succeeded to the assets, business, good-will and trade name, “Peoples Clothing Company”, from Larus-Altheimer, and for more than thirty years this plaintiff and its predecessors operated and conducted several stores under the trade name “Peoples Clothing Company”; that the defendant, Joseph Savitz, is an individual residing within the Middle District of Pennsylvania. and trading under the name of “Peoples Household Supply Company”; that the defendant operates stores in some of the cities in which the plaintiff has its stores; that the defendant, through his employees, has solicited business with words, actions, conduct, and silence, calculated to deceive the public and plaintiff’s customers into believing that they were dealing with plaintiff, and that the public and said customers have been deceived and are being deceived.

The Court feels that the complaint sufficiently alleges a case of fraudulent and unfair competition for which the plaintiff is entitled to relief.

Defendant’s motion to dismiss the plaintiff’s complaint is denied.

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Bluebook (online)

29 F. Supp. 304, 43 U.S.P.Q. (BNA) 275, 1939 U.S. Dist. LEXIS 2303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellay-stores-inc-v-savitz-pamd-1939.