Kleinhans Co. v. Kleinhans Cleaners, Inc.

This is an application under section 964 of the Penal Law for an order enjoining and restraining respondent from using the name Kleinhans in its advertising and business, and determining that the name ‘ ‘ Kleinhans ’ ’ as used by the respondent “ Kleinhans’ Cleaners, Inc.” is such a simulation of the name used by petitioner as to deceive and mislead the public.

Petitioner, a domestic corporation, incorporated 55 years ago, has developed through the years an extensive retail boys’ and men’s clothing business in Buffalo, New York and the adjacent trading area. The merchandising and advertising…