Legal Opinion
Party House Caterers, Inc. v. Weingarten
New York Supreme Court
Decided April 5, 1956PublishedCited by 1 opinion
1Opinion of the CourtNicholas M. Pette, J.
Plaintiff instituted this action for an injunction and consequential damages alleged to have been sustained as a result of an alleged unfair competition in the user of the name “ Party House ” and “ Party Time ”.
The facts may be briefly stated thus: Plaintiff, since March 16, 1948, was engaged, and still is engaged, in the catering business, and in the companion business of furnishing and renting chairs, china, etc. for party needs; and operating under the name of “ Party House Caterers, Inc.” The defendant and his predecessor, since 1938, have been engaged in the party-supply business under…
2Cases cited15 opinions
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
- Eastern Construction Co. v. Eastern Engineering Corp.New York Court of Appeals · 1927
- Corning Glass Works v. Corning Cut Glass Co.New York Court of Appeals · 1910
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3Cited by1 opinion
- Urbana Wine Co. v. San Benito Co.New York Supreme Court · 1957