· 2/18/1948
Stork Restaurant, Inc. v. Sahati
Citations
- 166 F.2d 348
- 76 U.S.P.Q. (BNA) 374
- 1948 U.S. App. LEXIS 3355
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “The Stork Club” was an arbitrary trade name because a stork was “in no way descriptive of the appellant’s night club”
- noting greater degree of protection given to fanciful marks than to names in common use
- “A trade name is... no less effective than a trade-mark as a means of identification.”
- “[T]he use of the advertising or trade name or distinguishing mark of another, is in its Mature, fraudulent and will be enjoined.” (citation omitted)
- use of the name “Stork Club” by a tavern and the copying of the New Xork Club’s distinctive insignia of a stork in a top hat
- property right in trade name more easily found when part of corporate name
Source: CourtListener parenthetical corpus (CC0).
Judges: Garrecht, Mathews, Healy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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