Orsini v. Eastern Wine Corp.

Plaintiff sues for damages under section 51 of the Civil Eights Law, and for an injunction restraining defendant from using on its label the surname, Orsini, in conjunction with plaintiff’s coat of arms. Alleging that he is the oldest living' member of the Orsini family, plaintiff asserts the right to use the coat of arms. ' It is claimed that defendant, without plaintiff’s consent, affixed the name Orsini to labels of certain of its wine products as well as the. Orsini coat of arms for commercial and advertising purposes.

*236In moving to dismiss the complaint, defendant nrges that any action…