276-8 PIZZA CORP. v. FREE

12837N, 12836.

118 A.D.3d 591 (2014)

988 N.Y.S.2d 609

2014 NY Slip Op 4582

276-8 PIZZA CORP., Doing Business as JOHN'S PIZZERIA, Respondent, v. LISA FREE, Also Known as LISA CASTELLOTTI, Appellant. 276-8 PIZZA CORP., Doing Business as JOHN'S PIZZERIA, Appellant, v. LISA FREE, Also Known as LISA CASTELLOTTI, Respondent. ROBERT VITTORIA, Intervenor-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 19, 2014.


This is an action for trademark dilution and infringement resulting from defendant's use of plaintiff's trade name, "John's Pizzeria," and related marks. Intervenor-respondent, who is plaintiff's co-president and majority shareholder, was not consulted about, and did not authorize, the lawsuit before it was brought. He objects to it on the ground that it has the potential to cause irreparable harm to the corporation's reputation and goodwill and because he believes it is...

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