Appellate Division of the Supreme Court of New York, 1953

Hempstead Shoe Co. v. Jack's Bootery, Inc.

Hempstead Shoe Co. v. Jack's Bootery, Inc.
Appellate Division of the Supreme Court of New York · Decided June 22, 1953
282 A.D. 731; 122 N.Y.S.2d 907; 1953 N.Y. App. Div. LEXIS 4819
Hempstead Shoe Co. v. Jack's Bootery, Inc.

Opinion of the Court

In an action based on unfair competition in the use of a trade name in the same line of business, appellant contends that the name, “Mack’s Bootery, Inc.” is a simulation or imitation of the name “Jack’s Shoes,” and that respondents have in other ways held themselves out as connected or associated with appellant’s business. Order denying appellant’s motion to punish respondents for contempt of the judgment affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldoek, JJ., concur.

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