PLAYLAND HOLDING CORP. v. PLAYLAND CTR., INC.


285 A.D. 1075 (1955)

Playland Holding Corp., Respondent, v. Playland Center, Inc., Appellant

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

April 16, 1955.


Order granting injunctive relief pursuant to section 964 of the Penal Law reversed on the law and the facts, without costs, and petition dismissed, without costs.

The facts do not warrant an injunction against the use of the word "Playland", which is in common use, or deletion thereof from the corporate name of appellant. The clown's head is a symbol of similar operations and is also in common use; therefore the use of it should not be restrained.

Wenzel...

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