Appellate Division of the Supreme Court of New York, 1958

Dunkin's Donuts of America, Inc. v. Dunkin Donuts, Inc.

Dunkin's Donuts of America, Inc. v. Dunkin Donuts, Inc.
Appellate Division of the Supreme Court of New York · Decided October 1, 1958
7 A.D.2d 609; 178 N.Y.S.2d 646; 1958 N.Y. App. Div. LEXIS 4702
Dunkin's Donuts of America, Inc. v. Dunkin Donuts, Inc.

Opinion of the Court

Application for stay denied, with $10 costs. If on appeal there is a reversal or modification of the order in respect to the power of the *610court to direct a cancellation of the appellant corporation’s name in the Secretary of State’s office, which is the only subject upon which the stay is now sought, appropriate direction to the plaintiff-respondent in relation to the corporate name shall be provided in the order. When and until there is a reversal of the right to use the name, no damage to appellants has been demonstrated. Present—Foster, P. J., Bergan, Gibson, Herlihy and Reynolds, JJ.

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