![]() 48 (1918).įor this reason a surname is not normally the subject matter of a trademark. Chaffee Brothers Furniture Co., 204 Mich. Generally speaking, one has the right to use his own name honestly in his own business even though he may thereby incidentally interfere with and injure the business of another having the same name. ![]() Clair, Washtenaw, Lapeer and Monroe within the protected territory that plaintiff appeals. It is from the circuit court's refusal to include the counties of St. On August 15, 1978, an amended order for permanent injunction was filed in which the court set forth the territorial extent of the injunctive relief granted to plaintiff: the counties of Macomb, Oakland and Wayne. Defendant was "enjoined in the area which (would be) subsequently defined by (the) Court from using the words Buscemi or Buscemi's either alone or in any form or combination with other words which would likely create a connection and association in the mind of the public between Buscemi and Buscemi's and the products sold by Plaintiff". Notwithstanding the fact that the Buscemi surname was shared by Paul Buscemi, owner of plaintiff, and Anthony Buscemi, owner of defendant, the court ruled that plaintiff had acquired the exclusive right to use the name in connection with the delicatessen business. The court also found that the public was confused when defendant Anthony Buscemi Delicatessen and Party Store, Inc., was opened in Clinton Township, Macomb County, in September 1975, creating the mistaken belief that defendant's business was actually operated by plaintiff. On March 7, 1977, the Macomb County Circuit Court issued a written finding that the name "Buscemi", as used by plaintiff, Buscemi's Inc., for over 20 years, had acquired a secondary meaning when used in connection with "a business commonly referred to as a delicatessen, selling pizza, submarine sandwiches, torpedo sandwiches and other food products for consumption off the premises including but not limited to beer, wine and liquor". ![]() Karash, Mount Clemens, for defendant-appellee. Mihelich, East Detroit, for plaintiff-appellant.īruce A. Michigan Corporation, Defendant-Appellee. 294 N.W.2d 218 BUSCEMI'S INC., a Michigan Corporation,ĪNTHONY BUSCEMI DELICATESSEN AND PARTY STORE, INC., a ![]()
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