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Charles S. Cash, Inc. v. Steinbook

247 N.Y. 531 Court N.Y. Decision date 1928-01-10 English

Contents

Majority

p. 531
Charles S. Cash, Inc., Respondent, v. Isaac Steinbook et al., Appellants.

Headnote

Trade names — unfair competition — action to restrain imitation by defendants of plaintiff’s store fronts and of their trade-marks and slogans.
Cash, Inc., v. Steinbook, 220 App. Div. 569 , affirmed.
(Argued December 7, 1927;
decided January 10, 1928.)
Appeal from a judgment, entered June 4, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The action was to restrain the use by defendants in their several stores of blue and orange lettering in such combination as to constitute an imitation and simulation of the plaintiff’s windows and
p. 532
store fronts, and from using a trade-mark and trade slogan in simulation of those used and registered by the plaintiff.
Wallace T. Stock, Edwin L. Garvin and Samuel Weiss for appellants.
Lewis F. Glaser and Isidor J. Friedman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not voting: Crane, J.