FUSHA JAPANESE RESTAURANT, INC. v. FUSHA


17 A.D.3d 226 (2005)

793 N.Y.S.2d 43

FUSHA JAPANESE RESTAURANT, INC., Respondent, v. FUSHA, Also Known as FUSHA JAPANESE CUISINE, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 19, 2005.


In support of the motion, plaintiff showed that it had been incorporated under the name "Fusha Japanese Restaurant, Inc." for more than a year before the individual defendants, all prior employees of plaintiff, began doing business under the assumed name of "Fusha Japanese Cuisine," and that defendants are using virtual copies of plaintiff's menu and registered logo. Given this showing, it was incumbent on defendants, in order to avoid a preliminary injunction under General...

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