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URBANA WINE CO. v. SAN BENITO CO.

8 Misc.2d 499 (1957)

Urbana Wine Company, Inc., Plaintiff, v. San Benito Company, Inc., Defendant.

Supreme Court, Trial Term, New York County.

April 18, 1957.

Attorney(s) appearing for the Case

Mock & Blum for plaintiff.

Beekman Aitken for defendant.

HENRY EPSTEIN, J.

Plaintiff company has used the trade-mark and name "Gold Seal" for its wines for some 74 years. It has registered the "Gold Seal" notation for sparkling wine and champagne since 1882 in both Federal and New York State Government agencies. In this action plaintiff seeks an injunction against defendant's product, designated as "Grand Seal" champagne, claiming trade-mark infringement and unfair competition. The proof offered on unfair competition...

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