HILL'S SUPERMARKETS, INC. v. STONY BROOK DAIRIES, INC.


7 A.D.2d 756 (1958)

Hill's Supermarkets, Inc., Appellant, v. Stony Brook Dairies, Inc., Respondent

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

December 30, 1958


Judgment reversed on the law, with costs, and judgment directed in favor of appellant for the injunctive relief demanded in the complaint, without costs. The findings of fact are affirmed.

In our opinion actual proof of deception, misrepresentation, confusion or loss of business is unnecessary. The likelihood thereof is sufficient. (Taendsticksfabriks Akticbolagat Vulcan v. Myers, 139 N.Y. 364; Albany Packing Co. v. Crispo, 227 App. Div. 591; New...

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