Good Humor Corp. v. Femia

Petitioner, upon a notice of motion, petition and exhibits, applies for an injunction pursuant to section 964 of the Penal Law. The respondent appeared on the argument of the motion without an attorney and has submitted no affidavit in opposition.

After reading the petition and examining the exhibits annexed thereto, this court is satisfied that the simulation by the respondent of the petitioner’s pictorial design, format and use of the words “ Good Bar ”, is a classical example of the unfair trade practices and competition, as well as conduct in the nature of commercial fraud, which section…