CUE PUBL'G CO. v. KIRSHENBERG


22 Misc.2d 188 (1960)

Cue Publishing Co., Inc., et al., Plaintiffs, v. Jerold Kirshenberg, Doing Business as Cue Theatre Tickets, Defendant.

Supreme Court, Special and Trial Term, New York County.

March 4, 1960.


Attorney(s) appearing for the Case

De Witt, Nast & Diskin (C. Coudert Nast, William E. Flannery and Leo A. Egan of counsel), for plaintiffs.

Henry Hirsch and Jacob Goldberg for defendant.


EDGAR J. NATHAN, JR., J.

In this action for unfair competition, plaintiffs seek to enjoin the defendant from using the word "Cue" as part of the title of the business conducted by him.

Cue Magazine has been published by the plaintiffs continually since 1935. Its success has been noteworthy. Starting with an initial circulation of approximately 1,500, the magazine has steadily increased its circulation over the years to a present average...

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