Legal Opinion
Hershey Ice Cream Co. v. Hershey Creamery Corp.
New York Supreme Court
Decided December 26, 1956PublishedCited by 4 opinions
1Opinion of the CourtDavid Kusnetz, J.
The plaintiff, a domestic corporation organized in 1930, commenced this action in the early part of 1950 to enjoin the defendants from using in New York State the names “ Hershey’s ” or “ Hershey’s Ice Cream ” or any other name of which “ Hershey’s ” is a part, from selling or offering for sale in New York State any goods, wares or merchandise similar to those produced by the plaintiff under the name “ Hershey’s ” or “ Hershey’s Ice Cream” or any kindred name, and for incidental relief, and that the defendants account for the profits ‘ ‘ unlawfully made by them in the State of New York from…
2Cases cited3 opinions
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
- Wholesale Service Supply Corp. v. Wholesale Building Materials Corp.New York Court of Appeals · 1952
- Wholesale Service Supply Corp. v. Wholesale Building Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1952
3Cited by4 opinions
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- Hershey Creamery Co. v. Hershey Chocolate Corp.District Court, S.D. New York · 1967
- Costantini v. CostantiniAppellate Division of the Supreme Court of the State of New York · 1958
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980