Barbary Coast, Inc. v. Exhibition Concessions, Inc.

The plaintiff, the owner of a cabaret and restaurant conducted in the city of New York under the name of Barbary Coast, seeks an injunction to restrain the defendant, the owner of a, [similar business conducted under the name of “ Billy Rose’s Barbary Coast ” in the amusement area of the World’s Fair grounds, from using the words “ Barbary Coast ” in connection with its business, on the ground of unfair competition.

The plaintiff conducts a permanent business, while the defendant carries on a temporary project which will be discontinued with the close of the World’s Fair. The defendant’s…