Hill's Supermarkets, Inc. v. Stony Brook Dairies, Inc.

In an action for an injunction and an accounting, and to recover damages, the appeal is from a judgment entered after trial dismissing the complaint. Appellant sought to enjoin respondent from using the words “ Stony Brook ” for business purposes. The facts are not controverted. Appellant operates a chain of supermarkets in the counties of Nassau and Suffolk. For about 18 years appellant had been advertising and selling its butter, eggs and milk under the trade name or trade-mark of “ Stony Brook ” to the consuming public. In 1953 respondent, a wholesaler in the business of selling milk and…