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Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke and Scileppi. Judges Fuld and Bergan dissent and vote to reverse and to dismiss the complaint upon the ground that the complaint fails to state a cause of action under the Lanham Act.
Document Info
Citation Numbers: 14 N.Y.2d 498, 197 N.E.2d 620, 248 N.Y.S.2d 223, 1964 N.Y. LEXIS 1356
Filed Date: 2/20/1964
Precedential Status: Precedential
Modified Date: 10/19/2024