Citation Numbers: 171 Misc. 407
Judges: Dodd
Filed Date: 3/21/1939
Status: Precedential
Modified Date: 1/12/2023
Plaintiff moves for an injunction pendente lite restraining the defendant, an importer and exporter, from using the name “ Rokeach Brand ” in connection with the labeling, advertising and sale of wine distributed by it.
The business of the plaintiff was established in 1884 by the father of the president of the plaintiff corporation in the city of Kovna, Lithuania, where the elder Rokeach engaged in the business
The defendant, since 1876, has been engaged in the production and sale of wine for ritualistic use and apparently has done a large and profitable business. Until recently, it had never used the name “ Bokeach ” in the advertising and sale of its products, but plaintiff alleges that about March 3, 1939, its attention was called to the fact that an advertisement appeared in a morning newspaper to the effect that it was offering for sale Kosher wine under the name of “ Bokeach Brand,” these words standing out prominently. The name of the defendant corporation was conspicuously displayed in these advertisements. A label somewhat similar to that used by the plaintiff was affixed to the bottles and jugs. This label contained in smaller type these words: “ Kosher for Passover and the entire year. Prepared under the care of Orthodox Babbis and supervised by Babbi L. Bokeach.” It also contained what appears to be a seal or stamp in Hebrew letters, with a facsimile signature of said Babbi Bokeach.
Defendant claims that it has had no intention to deceive or defraud persons purchasing this brand of wine by creating the impression and belief that it was the plaintiff’s product. It further claims that, by reason of the fact that the wine is prepared under the supervision of Babbi Bokeach, it has the right to use his name in connection with the advertisement and sale of its products.
I am not impressed by defendant’s argument that it will suffer serious financial loss and irreparable injury if an injunction pendente lite is granted. Its advertisement appearing in the March 6, 1939, issue of the Beverage Retailer Weekly indicates that it is now offering for sale at least seven other brands of Kosher wines. And plaintiff’s reputation and good will are just as precious as defendant’s.
Motion granted. Settle order on one day’s notice.