{
  "id": 3020244,
  "name": "Auto Parts Company, Appellee, v. Joseph Silverstein and Sam Goodman, Appellants",
  "name_abbreviation": "Auto Parts Co. v. Silverstein",
  "decision_date": "1918-06-14",
  "docket_number": "Gen. No. 23,594",
  "first_page": "436",
  "last_page": "437",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 436"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 222,
    "char_count": 2893,
    "ocr_confidence": 0.524,
    "pagerank": {
      "raw": 6.588509451279947e-08,
      "percentile": 0.4031192552152654
    },
    "sha256": "43ecb0c75a55c03b88b00197b6ba0c680efb4a8877856afca861303f666f0f46",
    "simhash": "1:80d4ea065ca53008",
    "word_count": 481
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Auto Parts Company, Appellee, v. Joseph Silverstein and Sam Goodman, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Matchett\ndelivered the opinion of the court.\n2. Trade-marks and trade names, \u00a7 23 \u2014 when relief granted against use of generic or descriptive name. While names which are generic terms or merely descriptive are the common property of the public, and a private property interest cannot be acquired, relief will be granted where a name of this character has been adopted under circumstances which make it appear that the purpose of adopting such name was to mislead the general public.\n3. Trade-marks and trade names, \u00a7 22* \u2014 what is duty of trader adopting trade name similar to one in use. Regardless of fraudulent intent or actual injury, it is the duty of a subsequent trader to adopt affirmative precautions sufficient to make confusion and deception in the use of a similar trade name improbable.\n4. Trade-marks and trade names, \u00a7 24* \u2014 what constitutes unfair competition in use of corporate name. The use of the name \u201cAuto Sales and Parts Company\u201d held to constitute unfair competition as to an older and established concern trading, under the name \u201cAuto Parts Company,\u201d there being evidence that confusion resulted and no evidence of an innocent intention in making use of a name so similar.\n5. Appeal and error, \u00a7 1399* \u2014 when findings of master not disturbed. Findings of the master approved by the chancellor will not be set aside unless clearly and manifestly against the weight of evidence.\n6. Equity, \u00a7 404* \u2014 when amount of costs taxed for master's fees may not be complained of. The fact that the costs taxed for master\u2019s fees are in excess of the amount requested by the master affords no ground for complaint where they are much less than the statutory fees.",
        "type": "majority",
        "author": "Mr. Justice Matchett"
      }
    ],
    "attorneys": [
      "Rudolph Wolfner and Reuben J. Feldman, for appellants; Rudolph Wolfner, of counsel.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "Auto Parts Company, Appellee, v. Joseph Silverstein and Sam Goodman, Appellants.\nGen. No. 23,594.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Corporations, \u00a7 62 \u2014 what is extent of protection in use of corporate name. A corporation in business is entitled to protection in the use of the name under which it is incorporated to the same extent as an individual would be entitled to protection in the use of his individual name.\nAppeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.\nAffirmed.\nOpinion filed June 14, 1918.\nStatement of the Case.\nBill by Auto Parts Company, complainant, against Joseph Silverstein and Sam Goodman, defendants, to enjoin the latter from doing business under the name \u201cAuto Sales and Parts Company.\u201d From a decree for complainant, defendants appeal.\nRudolph Wolfner and Reuben J. Feldman, for appellants; Rudolph Wolfner, of counsel.\nNo appearance for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0436-01",
  "first_page_order": 490,
  "last_page_order": 491
}