Fainblatt v. Leo Sportswear Co.

This is a summary application made upon petition and notice of motion as permitted by section 964 of the Penal Law for an injunction to enjoin and restrain the defendant-respondent from in any manner or form using the name “ Leo Sportswear Co.” The statute reads as follows: “ § 964. Use of name or address with intent to deceive. No person, firm or corporation shall, with intent to deceive or mislead the public, assume, adopt or use as, or as part of, a corporate, assumed or trade name, for advertising purposes, or for the purposes of trade, or for any other purpose, any name, designation or…