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ALLIED MAINT. v. ALLIED MECH.

42 N.Y.2d 538 (1977)

Allied Maintenance Corporation, Appellant, v. Allied Mechanical Trades, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1977.

Attorney(s) appearing for the Case

Emanuel Dannett, Robert I. Gosseen and Barbara E. Schlain for appellant.

Howard C. Amron for respondent.

Judges GABRIELLI, JONES and FUCHSBERG concur with Judge JASEN; Judge COOKE dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge WACHTLER concur.

JASEN, J.

We are called upon today to decide whether the trade name "Allied Maintenance" is entitled to protection pursuant to section 368-d of the General Business Law — commonly referred to as the anti-dilution statute.

The plaintiff, Allied Maintenance Corporation, has been in business, in one form or another, since 1888. Throughout the many years since its inception, Allied Maintenance has...

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