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.]