132 Misc. 158 | N.Y. Sup. Ct. | 1928
Plaintiffs, Buick Motor Company and General Motors Corporation, seek a permanent injunction restraining defendant from using the name “ Buick ” in connection with its business and from representing that it is in any way connected with the plaintiff Buick Motor Company. A motion for a preliminary injunction was granted to the extent of enjoining the defendant (1) from employing the trade-marks “ Buick ” registered by plaintiffs or facsimiles thereof; (2) from representing that it was connected with plaintiffs or the authorized agents or dealers of the latter, and (3) from displaying or advertising its corporate title unless the word “ Used ” immediately followed the word “ Buick ” with the words “ Not connected with Buick Motor Company or its authorized dealers ” directly underneath in type half the size of defendant’s corporate name. The scope of this order was substantially the same as that of the conditions which plaintiffs had imposed when they granted defendant’s request to be permitted to use- the word “ Buick ” in its corporate title shortly after its incorporation, early in 1925. The very fact that defendant deemed