H. R. Mallinson & Co. v. Gluck — 231 A.D. 813

Majority

p. 813

H. R. Mallinson & Co., Inc., Appellant, v. Joseph Gluck, Doing Business under the Firm Name and Style of Pagoda Textile Mills, Respondent.

The order is affirmed as a matter of discretion, with ten dollars costs and disbursements. We think that the question as to whether the use of the term “ Pagoda ” was an infringement of plaintiff’s right should await the trial. Present ■—■ Dowling, P. J., Merrell, Finch, McAvoy and Sherman, JJ. Order affirmed as a matter of discretion, with ten dollars costs and disbursements.