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MTR. OF KLEINHANS CO. v. KLEINHANS' CLNS.

5 Misc.2d 1077 (1957)

In the Matter of Kleinhans Company, Petitioner, v. Kleinhans' Cleaners, Inc., Respondent.

Supreme Court, Special Term, Erie County.

April 18, 1957.

Attorney(s) appearing for the Case

Dethloffs E. Klein and Franklin R. Brown for petitioner.

William B. Mahoney for respondent.

JOHN S. MARSH, J.

This is an application under section 964 of the Penal Law for an order enjoining and restraining respondent from using the name Kleinhans in its advertising and business, and determining that the name "Kleinhans" as used by the respondent "Kleinhans' Cleaners, Inc." is such a simulation of the name used by petitioner as to deceive and mislead the public.

Petitioner, a domestic corporation...

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