MTR. OF DONUTS OF AMER. v. DUNKIN DONUTS


12 Misc.2d 380 (1958)

In the Matter of Dunkin' Donuts of America, Inc., Petitioner, v. Dunkin Donuts, Inc., et al., Respondents.

Supreme Court, Special Term, Rensselaer County.

July 28, 1958.


Attorney(s) appearing for the Case

Morris Simon for petitioner.

Benjamin Ungerman for Jack J. Kessler, respondent.

Samuel D. Cooper for Dunkin Donuts, Inc., and others, respondents.


HERBERT D. HAMM, J.

This is an application under section 964 of the Penal Law which provides: "No person, firm or corporation shall, with intent to deceive or mislead the public, assume, adopt or use as, or as part of, a corporate, assumed or trade name, for advertising purposes, or for the purposes of trade, or for any other purpose, any name, designation or style, or any symbol or simulation thereof, or a...

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