LERNER v. SPORTSMASTER CO., INC.


4 Misc.2d 478 (1951)

Herbert B. Lerner et al., Plaintiffs, v. Sportsmaster Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

February 26, 1951.


Attorney(s) appearing for the Case

A. Friedman for plaintiffs.

Herman L. Falk for defendant.


CHARLES D. BREITEL, J.

The court is satisfied that defendant's use of the name "Sportsmaster" in the manufacture or distribution of men's sport apparel is unfairly competitive with plaintiff's prior use of the name "Sportmaster", without the intermediate "s", upon sport shirts manufactured and distributed by plaintiff. Plaintiff is, accordingly, entitled to injunctive relief. On the other hand, plaintiff has not shown that he "has been damaged in any...

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