109 Mass. 409 | Mass. | 1872
For the special and limited purpose for which this suit is brought, we see no difficulty in maintaining it. It is not a case in which complaint is made of the misuse of an established trade mark, and it does not depend upon the provisions of the first section of the, Gen. Sts. e. 56. It is not a case within that section at all. The complaint is, that the defendants continue to use, in carrying on their business, the name of a person formerly con. nected with them in partnership, but now deceased, and that they do so without the consent of his legal representatives. Thif>
Demurrer overruled.
“ No person carrying on business in this state shall assume or continue to use in Ms business the name or names of any persons formerly connected with Mm in partnersMp, or of any other persons, either alone or in connection with his own or any other name or designation, without the consent in writing of such person or Ms legal representatives ”