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MTR. OF DUNKIN' DONUTS v. DUNKIN DONUTS

8 A.D.2d 228 (1959)

In the Matter of Dunkin' Donuts of America, Inc., Respondent, v. Dunkin Donuts, Inc., et al., Appellants

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

June 17, 1959.

Attorney(s) appearing for the Case

Ungerman & Greenberg for Jack J. Kessler, appellant.

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

Murphy, Aldrich, Guy, Broderick & Simon (Morris Simon and Bernard Simon of counsel), for respondent.

FOSTER, P. J., BERGAN, COON and REYNOLDS, JJ., concur.

HERLIHY, J.

The salient facts contained in the petition demonstrate that the petitioner was incorporated under the name "Dunkin' Donuts of America, Inc." in the State of Massachusetts and that it filed its trade mark therein and thereafter in the States of Connecticut, Rhode Island, New Jersey and in New York State on November 21, 1957, in compliance with article 24 of the General Business Law of the State of...

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