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Donnell v. Herring-Hall-Marvin Safe Co., 208 U.S. 267 (1908)

Donnell v. Herring-Hall-Marvin Safe Company

No. 10

Argued January 14, 15, 1908

Decided February 3, 1908

208 U.S. 267


A stockholder, even though also an officer, of a corporation bearing his family name does not necessarily lose his right to carry on the business of manufacturing the same commodity under his own name because that corporation sold its goodwill, tradename, etc., and as a stockholder and officer he participated in the sale. He is not entitled, however, to use, and may be enjoined by the purchaser from using, any name, mark or advertisement indicating that he is the successor of the original corporation or that his goods are the product of that corporation or of its successor, nor can he interfere in any manner with the goodwill so purchased.

The facts are stated in the opinion.

Page 208 U. S. 270

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