SANTA'S WORKSHOP v. STERLING


282 A.D. 328 (1953)

Santa's Workshop, Inc., Respondent, v. Joseph Sterling, Doing Business as Sterling Alaska Fur and Game Farms, Appellant

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

July 2, 1953.


Attorney(s) appearing for the Case

Charles Gold and Mortimer J. Metchik for appellant.

F. Walter Bliss and Robert H. Ecker for respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.


Per Curiam.

Plaintiff alleges that it operates an extensively advertised business, known as Santa's Workshop, on White Face Mountain. Defendant operates two places of business nearby, and, plaintiff alleges, is copying and imitating its place of business to its detriment and in unfair competition.

While it is undoubtedly true, as appellant urges, that respondent is not entitled to the exclusive use of the historical...

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