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Longtime Gallery Owner Says Upstart With Similar Name is Stealing Customers

 Shadin Hossain opened Gallery on Third at 592 Third Ave. in 1999.
Gallery on Third
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MURRAY HILL — An upstart gallery has stolen the name of a longtime neighborhood frame shop and is now luring away its customers too, the owner of the original business alleges.

Shadin Hossain opened Galleria on Third, at 529 Third Ave. near 35th Street, in 1999 and says he has built a reputation in Murray Hill for framing services as well as the art benefits he hosts for nonprofits in the tiny space.

That's why Hossain was outraged to find out earlier this year that a new gallery had opened about 50 blocks north at 1592 Third Ave. with a very similar name: Gallery on 3rd.

“It’s only two letters different, but it sounds the same,” said Hossain, who moved to the United States from Bangladesh in 1993 and runs the gallery with his wife Shima Akter. “I built my reputation so hard for 15 years and they’re going to destroy it. If they do bad things, it’s going to affect us.”

Hossain, who is also an artist, has donated his profits from his work to nonprofits including The Smile Train, which provides corrective surgery to children in need, and said he cares very much about his reputation in the community.

The new gallery opened in January 2014, but Hossain wasn’t aware that it existed until March, when customers began bringing in Groupon coupons, offering 75 percent off framing services. He had to inform the customers that the coupons were for a different store and he couldn't match the coupons because the discounts were too steep.

“The customers were confused,” Hossain said.

Hossain had an attorney send letters to the new gallery's owner in April threatening a lawsuit if they didn’t change the name, but he never got a response and didn’t have the money to follow through, Hossain said.

“I found out it would take $15,000 to $20,000 to do a lawsuit. I don’t have the time or money. I work here seven days a week,” said Hossain, who lives in Sunnyside. "I wish them good luck, but don’t use my name."

When contacted on Wednesday afternoon, Gallery on 3rd owner Joe Amani said he had no idea that Galleria on Third existed until after he opened his store. Once he received the April letter, he decided to change the name to NY Gallery on 3rd to avoid further conflict, he said.

"We didn't know," said Amani. "The names are totally different, so I'm not supposed to change it, but we're being nice."

According to the Amani's gallery's Facebook page, the name has already been changed to NY Gallery on 3rd, however the storefront sign out front still displays the name Gallery on 3rd, as does the gallery's Groupon page

The awning and the Groupon page will bear the new name in the next two weeks, Amani said. 

When told of the planned change, Hossain said he was glad to hear about it, as long as the gallery follows through on its promise.