Legal Opinion
Bargain Town v. Bargain-Time Stores, Inc.
New York Supreme Court
Decided October 3, 1961Published
1Opinion of the CourtBenjamin Brenner, J.
Petitioner, generally known as Bargain Town, moves to summarily enjoin respondent from the use of the name Bargain-Time, by which name the latter is also generally known. The application is made pursuant to section 964 of the Penal Law because of the similiarity in the sounding of these names. It is the petitioner’s claim that such similarity is a deception of the purchasing public in the retail discount field. It also stresses the great disparity in the size or bigness of the respective businesses.
The petitioner is at times known as Bargain Town, U. S. A. and the “ U. S. A.” is at such times…
2Cases cited6 opinions
- Association of Contracting Plumbers of the City of New York, Inc. v. Contracting Plumbers Ass'n of Brooklyn & Queens, Inc.New York Court of Appeals · 1951
- Industrial Plants Corp. v. Industrial Liquidating Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Matter of Alexander's Department Stores, Inc. v. CohenNew York Court of Appeals · 1945
- Rayco Manufacturing Co. v. Layco Auto Seat Cover Center, Inc.New York Supreme Court · 1954
- Long Island Lighting Co. v. Lilco Mfg. Corp.New York Supreme Court · 1956
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