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SUNG v. PAOLUCCI

170 A.D.2d 596 (1991)

Kenny Sung et al., Appellants, v. George Paolucci et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 19, 1991

Ordered that the order is affirmed, with costs, and the stay previously granted by order of this court dated October 17, 1989, is vacated forthwith.

In order to prevail on the merits, the plaintiffs would have to show, inter alia, that the defendants' continued use of the name "Paolucci" threatens to "produce confusion in the public mind" (David B. Findlay, Inc. v Findlay, 18 N.Y.2d 12, 19, cert denied 385 U...

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