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Matter of Bargain Town v. Bargain-Time Stores

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1962
15 A.D.2d 784 (N.Y. App. Div. 1962)

Opinion

February 5, 1962


In a summary injunction proceeding under section 964 of the Penal Law, Bargain-Time Stores, Inc., appeals from a final order of the Supreme Court, Kings County, dated October 11, 1961, which granted the application and which permanently restrained it from using the name "Bargain Time" or "Bargain Time Stores" or the word "Time" immediately following the word "Bargain" in its name or in connection with any part of its business. Order affirmed, with costs. In our opinion, the appellant corporation, Bargain-Time Stores, Inc., knowingly adopted and used its name in order to take advantage of petitioner's reputation and in order to deceive and mislead the public as to its (appellant's) true identity. Beldock, P.J., Ughetta, Hill, Rabin and Hopkins, JJ., concur. [ 31 Misc.2d 682.]


Summaries of

Matter of Bargain Town v. Bargain-Time Stores

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1962
15 A.D.2d 784 (N.Y. App. Div. 1962)
Case details for

Matter of Bargain Town v. Bargain-Time Stores

Case Details

Full title:In the Matter of BARGAIN TOWN, U.S.A. INC., Respondent, v. BARGAIN-TIME…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 1962

Citations

15 A.D.2d 784 (N.Y. App. Div. 1962)

Citing Cases

Little India Stores, Inc. v. Singh

The use of this similar name has that effect. (See Matter of Bargain Town, U.S.A. v Bargain-Time Stores, 15…