Question: David Findlay and Walstein Findlay were brothers who were in the art business together. They split up and David opened and operated a store in New York under the name Findlay Galleries for over twenty-five years. Walstein, who had been in business in a different state, opened up a gallery next to his brother's store under the name Wally Findlay Galleries. David sued to enjoin him from using the family name in the art gallery business. Should he succeed? (David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 612)