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WHOLESALE SERV. SUPPLY CORP. v. WHOLESALE BLDG. MATERIALS CORP.

304 N.Y. 854 (1952)

Wholesale Service Supply Corporation, Appellant, v. Wholesale Building Materials Corp., Respondent.

Court of Appeals of the State of New York.

Decided December 4, 1952

Attorney(s) appearing for the Case

George R. Fearon for appellant.

Martin F. Kendrick, Laurence Sovik and William J. Mackay for respondent.

Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. LEWIS, J., dissents in the following opinion.

Judgment affirmed, with costs; no opinion.

LEWIS, J. (dissenting).

I read this record as establishing that the plaintiff has so used the word "Wholesale" in its corporate name and in advertisements and facilities by which its business is promoted, that the word itself has acquired a secondary meaning entitling it to protection. There is evidence of confusion in the past resulting from the defendant's use...

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