Supreme Lodge Knights of Pythias v. Knights of Pythias of North America

Citations

• 102 Miss. 280
• 59 So. 88

Syllabus

<p>1. Courts. Federal courts. Conclusiveness of decisions. Injunction. Corporate name. Insignia.' Right to use.</p> <p>The right of a fraternal order to the use of its corporate name, and the incidental right to use the distinctive words in such name to designate the order, and to use the appropriate insignia, emblems, etc., when invoked in virtue of the authority to incorporate conferred by the federal general incorporation act of May 5, 1S70 (16 Stat. at large 98, chapter 80), is claimed under an authority exercised under the United States within the meaning of the United States Rev. Stat., section 709, United States Comp. Stat. 1901, page 575. Judicial Code (36 Stat. at large 1156, chapter 231, United States Comp. Stat. Supp. 1911, page 227), section 237 and where the federal court has acted the state courts are bound by its decision.</p> <p>2. Injunctions. Laches. Bar to right. Corporate name.</p> <p>Where a fraternal order having the exclusive right to the use of its. corporate name, has without objection permitted a newer order to use its name and exercise its attributes and franchises for a long time it is guilty of such laches as deprives it of the right to enjoin the newer order against the infringement of its name and the copying of its insignia and emblems.</p>