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HARVEY MACH. v. HARVEY ALUMINUM

9 Misc.2d 1078 (1957)

Harvey Machine Co., Inc., et al., Plaintiffs, v. Harvey Aluminum Corporation et al., Defendants.

Supreme Court, Trial Term, New York County.

May 23, 1957.

Attorney(s) appearing for the Case

Henry L. King for plaintiffs.

Charles F. Murphy for defendants.

FELIX C. BENVENGA, J.

In this action of unfair competition, plaintiffs seek to enjoin defendants from using "Harvey Machine" and "Harvey Aluminum" as part of their corporate names.

The complaint sets forth two causes of action. The first is based on the common law of unfair competition and infringement of plaintiffs' trade name and mark; the second is for a violation of section 964 of the Penal Law,...

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