CUE PUBL'G CO., INC. v. COLGATE-PALMOLIVE CO.


23 A.D.2d 829 (1965)

Cue Publishing Co., Inc., Appellant, v. Colgate-Palmolive Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1965


Judgment dismissing the complaint after trial unanimously affirmed, without costs or disbursements.

While plaintiff may have demonstrated the possibility of some dilution of its trade-mark, the evidence failed to establish a sufficient likelihood of injury of the distinctive quality of plaintiff's trade-mark to warrant injunctive relief under section 368-d of the General Business Law. Moreover, defendant originally began to use the name "Cue" in connection with the...

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