Vassar College v. Loose-Wiles Biscuit Co.

Citations

• 197 F. 982
• 1912 U.S. Dist. LEXIS 1516

Syllabus

<p>1. Corporations (§ 506*) — Actions—Parties—Joinder—Officers of Corporation.</p> <p>Where, in a suit against a corporation and certain of its officers to enjoin tbe use of complainant’s corporate name and insignia in the sale of merchandise, the cause of action, if any, alleged against the individual defendants arose solely from their official relation to the corporation, and no separate individual acts were charged against them, they were improperly joined as individual parties.</p> <p>[Ed. Note. — For other eases, see Corporations, Cent. Dig. §§ 1958-1970; Dec. Dig. § 506.*]</p> <p>2. Injunction (§ 96*) — Personal Privacy — Rights of Corporation.</p> <p>Vassar College, being a public institution, depending on and inviting-wide-spread publicity for the fullest return from the exercise of its functions as an institution of learning, had no right of privacy which it could preserve by injunction.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent Dig. § 167; Dec. Dig. § 96.*]</p> <p>3. Injunction (§ 98*) — Jurisdiction—Libel.</p> <p>A court of equity is without jurisdiction to restrain the publication of , a libel.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent Dig. §§ 169-171; Dec. Dig. § 98.*]</p> <p>4. Injunction (§ 98*) — Corporations—Special Damages.</p> <p>Where a publication concerning the name and insignia of a corporation did not appear to be defamatory or libelous per se, the corporation, if entitled to recover at all therefor, could only recover on pleading and proving special damages.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent Dig. §§ 169-171; Dec. Dig. § 98.*]</p> <p>B. Trade-Marks and Trade-Names (§ 31*) — Use of Corporate Name and Insignia — Advertisement of Merchandise — Damages.</p> <p>Defendant, a Missouri corporation, manufactured and sold a variety of candy called “Vassar Chocolates,” which it advertised widely, employing the name “Vassar” together with a likeness of a young lady in scholastic garb and wearing a m