Le Drugstore Etats Unis, Inc. v. New York State Board of Pharmacy

The State Board of Pharmacy, Department of Education, and the Attorney-General, seek reversal of an Appellate Division • order in an action for a declaratory judgment upholding the right of plaintiff retailer to use the name “ Le Drugstore ” even though it is not licensed as.a pharmacy. They contend that the Education Law forbids an unlicensed business to be called a “ drug store ”, regardless of public disclaimer that the enterprise does not sell or dispense drugs.

Special Term granted plaintiff summary judgment declaring it could conduct its business under the name “ Le Drugstore ” so long…