Winthrop Chemical Co., Inc., v. Blackman

1 Citing case

  1. Geisel v. Poynter Products, Inc.

    295 F. Supp. 331 (S.D.N.Y. 1968)   Cited 24 times   1 Legal Analyses
    Finding credible evidence established that "there was a settled custom and usage in the magazine publishing trade in the early 1930's by which a term or condition defining the scope of rights was implied in fact or understood to be part of the agreement"

    Indeed, the New York courts have sometimes enjoined truthful references to another's trade or business name where there was a tendency to deceive the public. See Winthrop Chemical Co. v. Blackman, 246 App. Div. 234, 285 N.Y.S. 443, 444 (1936); Billy Rose's Diamond Horseshoe, Inc. v. Ros-Mar Catering Corp., 138 N YS.2d 160, 161 (Sup.Ct. 1955) (intention to deceive found). A salient fact in this case is that defendants own all rights, including the copyright, in the cartoons.