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MTR. OF VAN CURLER CORP. v. FAIRVIEW

32 Misc.2d 1064 (1962)

In the Matter of Van Curler Broadcasting Corporation, Petitioner, v. Fairview Broadcasters, Inc., et al., Respondents.

Supreme Court, Special Term, Albany County.

January 24, 1962

Attorney(s) appearing for the Case

John E. Wiseley for petitioner. Bookstein, Zubres & D'Agostino for respondents.

ELLIS J. STALEY, JR., J.

The petitioner seeks a permanent injunction pursuant to section 964 of the Penal Law restraining and enjoining the respondents from using the words "Lucky 13" or "Lucky Channel 13" and the symbol of a four-leaf clover in their advertising and in connection with their business.

The petitioner, Van Curler Broadcasting Corporation, operates a VHF television station over Channel 13 with the call letters W A S T. The respondents...

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