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MATTER OF WOLFIES REST v. DeSAPIO

2 Misc.2d 623 (1956)

In the Matter of Wolfies Rest. Inc., Petitioner, v. Carmine DeSapio, as Secretary of State of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 6, 1956.

Attorney(s) appearing for the Case

Thomas J. Burns and J. Gordon Tabner for petitioner.

Jacob K. Javits, Attorney-General (James O. Moore, Jr., and Edward Siegfried of counsel), for Carmine G. DeSapio, as Secretary of State, respondent.

Joseph G. Gubman and Marvin Usdin for Edward Lassman and intervenors, respondents.

HERBERT D. HAMM, J.

This is proceeding in the nature of mandamus brought under article 78 of the Civil Practice Act pursuant to present section 367 of the General Business Law. The proceeding is to compel cancellation of the registration "Wolfies" issued to the respondent Edward Lassman. The trade-mark in question was registered on March 19, 1954.

The Secretary of State has answered that he is unable...

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