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  5. 43 N.Y.2d 268 (1977)
 

GUGGENHEIMER v. GINZBURG

43 N.Y.2d 268 (1977)

Elinor Guggenheimer, as Commissioner of the Department of Consumer Affairs of the City of New York, Appellant, v. Ralph Ginzburg, Doing Business as The Webster's Dictionary Company, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1977.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan, David B. Saxe and David Ira Blejwas of counsel), for appellant.

Gerald P. Halpern, P. C., for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Noah Webster, whose name in this country became synonymous with the word dictionary, completed his "American Dictionary of the English Language" about a century and a half before this controversy involving defendant's advertising of a volume entitled "Webster's Encyclopedic Dictionary of the English Language".

In early 1975, defendant filed in the County Clerk's Office of New York County a certificate...

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