Ottoman Cahvey Co. v. Dane
| Decision Date | 18 May 1880 |
| Citation | 95 Ill. 203,1880 WL 10029 |
| Parties | OTTOMAN CAHVEY COMPANYv.JAMES F. DANE et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Appellate Court for the First District.
This suit was commenced originally in the Superior Court of Cook county, and tried before the Hon. SAMUEL M. MOORE, Judge, presiding. On appeal to the Appellate Court the decree of the Superior Court was affirmed. Messrs. MCCLELLAN, TEWKESBURY & CUMMINS, for the appellant.
Messrs. ROBERTS & HUTCHINSON, for the appellees.
This was a bill in equity, brought by Ottoman Cahvey Company, appellant, against James F. Dane and Scammon P. Richards, to enjoin defendants from using the trade mark of complainant, of which the words “Ottoman Cahvey” were an essential part, and also to enjoin the defendants from using the corporate name of complainant, “Ottoman Cahvey Company.” On the hearing upon bill, answer and proofs, complainant abandoned that portion of its bill which related to the trade mark, and only attempted to restrain the defendants from using the corporate name. The Superior Court, however, dismissed the bill for the want of equity, and this decree, on appeal, was affirmed in the Appellate Court.
The only question which we are called upon to consider by this appeal is, whether, under the allegations of the bill and the evidence, a court of equity should lend its aid to restrain the defendants from the use of a certain name in the transaction of their business.
It appears, from the evidence, that on or about the 29th day of June, 1875, the defendants and Andrew H. Adams organized a corporation, under the laws of the State of Michigan, which was known as the “Ottoman Cahvey Company,” the two defendants being the principal stockholders. The business of the corporation was carried on in the city of Chicago, under the name assumed by the defendants, from the time the company was formed in 1875 until the bill in this case was filed. It also appears that on or about the 24th day of September, 1876, Andrew H. Adams and others organized a corporation, under the laws of this State, to be known as the “Ottoman Cahvey Company,” which was located in Chicago, and this bill was filed by the last named corporation to restrain the defendants from doing business under the corporate name of “““Ottoman Cahvey Company.”
We perceive no ground upon which the bill can be maintained. If the Michigan corporation was dissolved by decree of court, as claimed...
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