Legal Opinion
Buffalo Packaging Corp. v. Buff-Pac, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989PublishedCited by 3 opinions
1Opinion of the Court
— Judgment unani*878mously affirmed without costs. Memorandum: Plaintiff Buffalo Packaging Corp., doing business as Buf Pac, contends that the trial court erred in refusing to admit evidence of incidents of confusion of its name with defendant’s which occurred after commencement of the action. Although it was error in this equitable action to refuse to consider this evidence (see, 55 NY Jur 2d, Equity, §45; Arno v Arno, 107 Misc 2d 467, 469), plaintiff’s complaint was properly dismissed. Plaintiff’s proof failed to establish either that its name was distinctive or had acquired a secondary meaning…
2Cases cited5 opinions
- Allied Maintenance Corp. v. Allied Mechanical Trades, Inc.New York Court of Appeals · 1977
- P.F. Cosmetique, S.A. v. Minnetonka Inc.District Court, S.D. New York · 1985
- Sample, Inc. v. PorrathNew York Court of Appeals · 1974
- Sample, Inc. v. PorrathAppellate Division of the Supreme Court of the State of New York · 1973
- Arno v. ArnoNew York Supreme Court · 1981
3Cited by3 opinions
- Telford Home Assistance, Inc. v. TPC Home Care Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Qedi's Corp. v. 3 Bros. Pizza Café, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- V.S. Distributors v. Emkay Trading Corp.Appellate Division of the Supreme Court of the State of New York · 2003