Oliver Wendell Holmes, Jr.

“ Under the decree in its present form the plaintiff gets all the protection to which it is entitled as against another Waterman who has established himself in the business, even though one of his motives for going into it was the hope of some residual advantages from the use of his own name. If with the warning that the law decrees sufficient to prevent a fraud a second Waterman could go into the business and give it his name, the question occurs whether a man might not change his name to Waterman and do the same thing ”

“ While it very well may be true that the transfer of a name without a business is not enough to entitle the transferee to prevent others from using it, it still is a license that may be sufficient to put the licensee on the footing of the licensor as against the plaintiff. Moreover, two courts have upheld the arrangements as effective to give the defendant the protection of such rights as A. A. Waterman would have had in establishing business after the plaintiff, and therefore we shall not go into any consideration of the facts. ”

“ The case presents no question respecting the right of an individual to the bona fide use of his name, but rather the question whether a partnership or a corporation can, by purchase or otherwise, obtain the right to use the name of a third party for the very purpose of employing it in unfair competition with the established business of still another party. ”