WHOLESALE SUPPLY CORP. v. WHOLESALE BLDG. M. CORP.


280 A.D. 189 (1952)

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

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

May 14, 1952.


Attorney(s) appearing for the Case

John M. Henley and George R. Fearon for respondent.

William J. Mackay for appellant.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

This appeal is from a judgment permanently enjoining the defendant, its agents and officers, from the use of the word "Wholesale" in its corporate name and from using it on its catalog and other advertising media.

Plaintiff was incorporated in March, 1935, under its present corporate name; defendant was incorporated in January, 1935, under the name of Roofers Supply Co., Inc. Defendant originally dealt in roofing supplies, but in 1949, when...

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