CARVEL DARI-FREEZE STORES v. LUKON


16 Misc.2d 573 (1959)

Carvel Dari-Freeze Stores, Inc., Plaintiff, v. George Lukon, Defendant.

Supreme Court, Special Term, Westchester County.

January 17, 1959.


Attorney(s) appearing for the Case

Bleakley, Platt, Walker, Hart & Fritz for plaintiff.

Albert M. Levert for defendant.


JAMES W. BAILEY, J.

Plaintiff makes application for a temporary injunction in this action for a permanent injunction to restrain the defendant from using the name "Carvel" upon a motor vehicle used to deliver and sell ice cream products at a location other than the retail store at which defendant is authorized to sell ice cream products pursuant to its franchise.

The franchise agreement authorizes the defendant to use the name "Carvel Dari-Freeze...

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