Legal Opinion
Diesel Oil & Burner Corp. v. New York Diesel Heating Corp.
New York Supreme Court
Decided February 10, 1950PublishedCited by 5 opinions
1Opinion of the CourtHill, J.
Plaintiff brings this action to enjoin the defendants from unfair competition, and the title of the action suggests the complaint.
The plaintiff corporation was organized on February 10, 1936; the defendant corporation on January 22, 1948. Both sell oil burner and heating equipment. The plaintiff has a Manhattan address; the defendant Queens. Both serve the Queens County territory. The plaintiff has advertised in the metropolitan papers and on billboards in the territory served since 1936, expending large sums of money therefor. The defendant also advertises, but to a lesser extent. During the…
2Cases cited1 opinion
- Bard-Parker Co. v. Crescent Manufacturing Co.New York Supreme Court · 1940
3Cited by5 opinions
- Harvey Machine Co. v. Harvey Aluminum Corp.New York Supreme Court · 1957
- Anti-Defamation League of B'nai B'rith v. Arab Anti-Defamation LeagueNew York Supreme Court · 1972
- David B. Findlay, Inc. v. FindlayNew York Supreme Court · 1965
- National Design Center, Inc. v. 53 St. Design Centre, Inc.New York Supreme Court · 1960
- Diesel Oil & Burner Corp. v. New York Diesel Heating Corp.Appellate Division of the Supreme Court of the State of New York · 1950