59 A.D.2d 961 | N.Y. App. Div. | 1977
Appeal from a judgment of the Supreme Court at Special Term, entered October 15, 1976 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to section 133 of the General Business Law, to permanently enjoin respondents from using the name "Specialty Packaging”. Petitioner is in the business of supplying decorated packaging to retail merchants and has been operating under its present name, Specialty Box & Packaging Company, Inc., for at least 15 years. Respondent, Tobin Howe Specialty Co., is a seller of packaging products similar to those produced by petitioner. A short time prior to commencement of this proceeding respondent hired a salesman who had previously been employed by petitioner as a salesman for seven years until August, 1975. One of the methods utilized by petitioner in securing orders from its customers involved displaying its products at various trade shows. Respondent attempted to participate in certain of such trade shows conducted by the Women’s Apparel Club during April of 1976. In connection with these shows a pamphlet was published by the Women’s Apparel Club which contained a list of firms participating in the shows and the salesman representing each of the participants. In the pamphlet respondent’s name appeared as "Specialty Packaging by Tobin Howe” with the name of the salesman formerly employed by petitioner directly underneath. Petitioner also alleges that respondent rented a room at one of the shows in Albany for the purpose of displaying its merchandise, and that this same room was customarily used by petitioner whenever it participated in the Albany shows of the Women’s Apparel Club. Petitioner chose not to participate in the 1976 Women’s Apparel Club trade shows. The present proceeding was commenced by petitioner pursuant to section 133 of the General Business Law. Petitioner seeks to permanently enjoin respon
