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LINCOLN RESTAURANT CORP. v. WOLFIES REST. INC.

Civ. No. 16936.

186 F.Supp. 570 (1960)

LINCOLN RESTAURANT CORP. and Collins Restaurant Corp., doing business as a joint venture under the firm name and style of Wolfies and Wolfies Twenty-First Street Restaurant, Inc., Plaintiffs, v. WOLFIES REST. INC., Defendant.

United States District Court E. D. New York.

March 25, 1960.

Attorney(s) appearing for the Case

Shapiro, Gubman & Sitomer, New York City, for plaintiff.

Raphael, Searles, Levin & Vischi, New York City, for defendant.

ZAVATT, District Judge.

This is a common-law unfair competition action, based upon the allegedly improper use by the defendant of the name "Wolfies" which (as alleged in paragraph "Sixteenth" of the complaint) "may deceive or mislead the public as to the identity of the person, firm or corporation owning the defendant's, or as to the connection that the owners of the said restaurant may have with the plaintiffs, or their licensee." Although this action was instituted...

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