Street & Smith Publications, Inc. v. Clayton Magazines, Inc.

Appellate Division of the Supreme Court of New York

Street & Smith Publications, Inc. v. Clayton Magazines, Inc.

237 A.D. 813

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1932

StatusPublished

This text of 237 A.D. 813 (Street & Smith Publications, Inc. v. Clayton Magazines, Inc.) 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.

Bluebook

Street & Smith Publications, Inc. v. Clayton Magazines, Inc., 237 A.D. 813 (N.Y. Ct. App. 1932).

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Opinion

Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Townley, JJ.; Finch, P. J., and Merrell, J., dissent and vote to reverse and deny the motion on the ground that the title registered in the name of the defendant is merely descriptive of the matter published in the magazine, and that there can be no deception of the public as the magazines are of different size, printed on different quality of paper and are entirely dissimilar in appearance.

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Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Merrell, Martin, O’Malley and Townley, JJ.; Finch, P. J., and Merrell, J., dissent and vote to reverse and deny the motion on the ground that the title registered in the name of the defendant is merely descriptive of the matter published in the magazine, and that there can be no deception of the public as the magazines are of different size, printed on different quality of paper and are entirely dissimilar in appearance.

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Bluebook (online)

237 A.D. 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/street-smith-publications-inc-v-clayton-magazines-inc-nyappdiv-1932.