Cue Publishing Co. v. Colgate-Palmolive Co.

Judgment dismissing the complaint after trial unanimously affirmed, without costs or disbursements. While plaintiff may have demonstrated the possibility of some dilution of its trade-mark, the evidence failed to establish a sufficient likelihood of injury of the distinctive quality of plaintiff’s trade-mark to warrant injunctive relief under section 368-d of the General Business Law. Moreover, defendant originally began to use the name “Cue” in connection with the launching of a liquid dentifrice in 1939, and the United States Patent Office then accepted defendant’s application to register…