Postby dognose » Sun Feb 21, 2021 6:33 am
Whiting Mfg. Co. Protect Their Name from Wrongful Use
The Whiting Mfg. Co., silversmiths, 18th St. and Broadway, New York, commenced an action last week to protect the name “Whiting” from indiscriminate and improper use by department stores and others. Two years ago the Whiting Mfg. Co. commenced action in the New York Supreme Court against the then F. M. Whiting Co., North Attleboro, to restrain them from using their corporate name, and this action, which was tried in December, 1896, was finally settled in the next year by the defendants agreeing to an injunction restraining them from using the word “Whiting” in any way except as Frank M. Whiting & Co. This decision, the Whiting Mfg. Co. have claimed, confirm their title and right to the exclusive use of the name “Whiting” in the silversmiths’ trade.
A few weeks ago the Joseph H. Bauland Co., who carry on a department store in Brooklyn, advertised extensively the sale of stock purchased from Frederick Loeser Co., and prominent in the center of the "ad.” they advertised sterling silver made by the firm known now as Frank M. Whiting & Co. In an eulogy on these goods they spoke of the name “Whiting,” the reputation of the name for 50 years, etc., in a way that the Whiting Mfg. Co. claim would induce purchasers to believe that the goods advertised were made by their concern. They, therefore, last week commenced an action to restrain the Bauland Co. from continuing such advertisements, and obtained a temporary injunction with a service of summons. A motion to have this injunction continued pending the trial of the suit was argued before Judge Pryor, of the New York Supreme Court, on Thursday last, and briefs on the motion were submitted Monday.
The injunction prayed for in the suit and pending the trial of the action is to restrain the department store from using either the words "Whiting” or “Whiting’s,” or the firm names Whiting Mfg. Co. or F. M. Whiting & Co., or, in fact, from referring to the goods as being made by anybody except Frank M. Whiting & Co. or that firm’s predecessors without mentioning the name of the said predecessors. The decision on the preliminary injunction is expected within a short time.
Source: The Jewelers' Circular - 2nd November 1898
Trev.