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BENNETT BROS. v. BENNETT FARMERS MKT.

22 Misc.2d 833 (1960)

Bennett Brothers, Inc., Plaintiff, v. Floyd Bennett Farmers Market Corporation et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

January 14, 1960.

Attorney(s) appearing for the Case

Lipper, Shinn & Keeley (Aaron Lipper, Richard B. Dannenberg and Lester Migdal of counsel), for plaintiff.

Dreyer & Traub (Sylvan D. Freeman of counsel), for defendants.

HENRY EPSTEIN, J.

This is an action for injunctive relief seeking to bar defendants and affiliates from using the trade name "Bennetts" in general consumer sales to the public. The action was begun October 24, 1959, after unsuccessful efforts to dissuade defendants by letters under dates of September 22 and October 15, 1959. Temporary injunction was denied but an immediate trial ordered by Mr. Justice CONLON...

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