Stewarts Sandwiches, Inc. v. Seward's Cafeteria, Inc.

BONDY, District Judge.

The affidavits do not convincingly establish that defendant dressed its store front, or furnished its cafeteria so as to simulate any distinctive appearance common to the plaintiff’s chain of cafeterias, or that either the plaintiff or defendant dressed their cafeterias in any distinctive manner. It appears, however, that the defendant did place in front of its premises, No. 378 East 149th street, in the borough of the Bronx, for a lease of which the plaintiff had prior thereto negotiated, a sign reading: “Coming Soon! Another Seward’s Cafeteria.” Defendant in fact never…