Hershey Ice Cream Co. v. Hershey Creamery Corp. of N.Y.
| Decision Date | 31 March 1958 |
| Citation | 173 N.Y.S.2d 254,5 A.D.2d 890 |
| Parties | HERSHEY ICE CREAM CO., Inc., Respondent-Appellant, v. HERSHEY CREAMERY CORPORATION OF NEW YORK and Hershey Creamery Company, Appellants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Joseph G. Gubman, New York City, for appellant.
Leonard G. Bisco, New York City, for respondent.
In an action to enjoin defendants from using 'Hershey's' or 'Hershey's Ice Cream' in the sale of ice cream or ice-cream products in the State of New York, and for other relief, a counterclaim was interposed to enjoin plaintiff from using 'Hershey' or 'Hershey's' in the sale of said products in the United States. Plaintiff appeals from so much of a judgment entered after trial as dismissed the complaint, and defendants appeal from so much of said judgment as dismissed their counterclaims. Judgment, 4 Misc.2d 812, 158 N.Y.S.2d 654, unanimously affirmed, without costs. No opinion.
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