Chakos v. Morden

The plaintiff conducting a restaurant business in the city of Niagara Falls, New York under the name of “ The Colonial ” seeks to restrain and enjoin the defendants from conducting a restaurant business within the same city under the name of “ Colonial House ”.

For the past twenty-seven years, the plaintiff has operated a restaurant at 39 Falls Street in the city of Niagara Falls, New York. From 1926 to 1936, he used the name “ Colonial Tea Room ’ ’ and registered said name in 1933, but in 1939, he remodeled and thereafter placed a large sign on the outside of his building with the name ‘ ‘…