UNIVERSAL CHARGE PLAN v. UNI-SERV. CORP.


37 Misc.2d 187 (1962)

Universal Charge Plan, Inc., et al., Plaintiffs, v. Uni-Serv Corporation, Defendant.

Supreme Court, Special Term, New York County.

October 9, 1962


Attorney(s) appearing for the Case

Bernard Solomon, William F. Koegel, William J. Ryan and Leslie Srager for plaintiffs. Royall, Koegel & Rogers for defendant.


VINCENT A. LUPIANO, J.

Plaintiffs move for a temporary injunction restraining the use by the defendant of its corporate name. The defendant cross-moves for summary judgment. Plaintiffs concede their names, by design, are not known to the public; that the business operations of the parties are wholly dissimilar; that plaintiffs are assignees of the accounts of retailers, without notification to the retailers' customers; that plaintiffs deal with retailers...

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