Legal Opinion
Lincoln Restaurant Corp. v. Wolfies Rest. Inc.
District Court, E.D. New York
Decided March 25, 1960No. Civ. No. 16936PublishedCited by 2 opinions
1Opinion of the Court
ZAVATT, District Judge.
This is a common-law unfair competition action, based upon the allegedly improper use by the defendant of the name “Wolfies” which (as alleged in paragraph “Sixteenth” of the complaint) “may deceive or mislead the public as to the identity of the person, firm or corporation owning the defendant’s, or as to the connection that the owners of the said restaurant may have with the plaintiffs, or their licensee.” Although this action was instituted in 1956 and the defendant interposed in its answer a separate and distinct defense of res judicata, the defendant did not make…
2Cases cited5 opinions
- Spitz v. LesserNew York Court of Appeals · 1951
- Harvey Machine Co. v. Harvey Aluminum Corp.New York Supreme Court · 1957
- Agash Refining Corp. v. Abraham GashNew York Supreme Court · 1943
- Overseas News Agency, Inc. v. Overseas Press, Inc.New York Supreme Court · 1945
- Directory Publishing Corp. v. Suburban Classified Directory Corp.New York Supreme Court · 1956
3Cited by2 opinions
- Lincoln Restaurant Corp. v. Wolfies Rest., Inc.District Court, E.D. New York · 1960
- Mercury Record Corp. v. Buckingham Record Co.District Court, S.D. New York · 1963