120 Misc. 841 | N.Y. Sup. Ct. | 1923
The sole object of the plaintiff in this action is to enjoin the defendant from using the word “ Columbia ” in association with the words “ Preparatory School,” or in connection with the words “ Preparatory,” “ Grammar ” or “ School,” and from conducting a school for the instruction and tuition of boys and others under the name of “ Columbia Preparatory School ” and giving the impression to the general public by advertising and otherwise, that the school conducted by the defendant is affiliated with that of the plaintiff. No damages are demanded. The gravamen of the complaint is unfair competition. The evidence establishes that in the year 1907 the plaintiff was incorporated under the laws of this state, and since then has been conducting its school at Nos. 5-9 West Ninety-third street, New York city, under the name of “ Columbia Grammar School; ” that between the years 1864 and 1907 various individuals conducted the school under ’the same name at two other addresses in this city; that before the year 1864 and as far back as the year 1764 it was connected with Columbia College or University and known as the “ Grammar School of Columbia College.” The principal incorporators and stockholders of the
Judgment accordingly.