Opinion
December 18, 1961
In an action to enjoin alleged unfair competition (first cause of action) and trade-mark infringement (second cause of action), and to recover damages, the plaintiff appeals from a judgment of the Supreme Court, Queens County, rendered June 15, 1960, upon the decision of the court after a nonjury trial, dismissing its amended complaint on the merits. Judgment affirmed, with costs. In our opinion the evidence was insufficient to establish either the first cause of action based upon unfair competition or the second cause of action based upon trade-mark infringement. Hence, we do not find it necessary to determine whether the second cause of action was barred by the release. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.