Van Curler Broadcasting Corp. v. Fairview Broadcasters, Inc.

Ellis J. Staley, Jr., J.

The petitioner seeks a permanent injunction pursuant to section 964 of the Penal Law restraining and enjoining the respondents from using the words “Lucky 13” or “ Lucky Channel 13” and the symbol of a four-leaf clover in their advertising and in connection with their business.

The petitioner, Van Curler Broadcasting Corporation, operates a VHF television station over Channel 13 with the call letters WAST. The respondents, Fairview Broadcasters, Inc., and Harry L. Goldman, president of said corporation, operate a daytime only radio station on a frequency of 1300…