
    Paul Westphal, a Corporation, Respondent, v. Westphal’s World’s Best Corporation et al., Appellants.
    (Argued October 15, 1926;
    decided November 16, 1926.)
    
      Tradenames — injunction — action to restrain use of name in connection with certain business.
    
    
      Westphal v. Westphal’s World’s Best Corp., 216 App. Div. 53, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1926, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to restrain the defendants from manufacturing, selling or dealing in hair tonics or other barbers’ supplies within the State of New York or elsewhere under the names of Westphal, Paul Westphal, Westphal’s, Paul Westphal Co. and Westphal’s World’s Best Corporation, or any of them, and from using the name of Westphal, either alone or in conjunction with other words or symbols in any other manner, within the i State of New York or elsewhere, in connection with a hair tonic or barbers’ supply business.
    Judgment affirmed, with costs;
    
      Martin Conboy and William Huck, Jr., for appellants.
    
      William H. Hamilton and Norman C. Conklin for respondent.
   no opinion.

Concur: Cardozo, Pound, McLaughlin and Crane, JJ.; Hiscock, Ch. J., Andrews and Lehman, JJ., dissent and vote for modification of judgment as to individual defendant Paul Westphal.  