Julius Restaurant, Inc. v. Lombardi

Relying upon section 964 of the Penal Law, the petitioner seeks an injunction restraining the respondent from using the name of “ Julius ” in the operation of his restaurant business.

At the outset it is interesting to note that this proceeding is perhaps the first to be brought to trial under the above-mentioned section. The Court of Appeals (282 N. Y. 126) has determined that an application for an injunction under this section may be instituted by a notice of motion and petition, thus eliminating the necessity of pleadings.

The novelty of the matter demands a critical study of the intent of…