Legal Opinion
Santa's Workshop, Inc. v. Sterling
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1953PublishedCited by 27 opinions
1Per curiam
Plaintiff alleges that it operates an extensively advertised business, known as Santa’s Workshop, on White Face Mountain. Defendant operates two places of business nearby, and, plaintiff alleges, is copying and imitating its place of business to its detriment and in unfair competition.
While it is undoubtedly true, as appellant urges, that respondent is not entitled to the exclusive use of the historical and legendary figure known as “ Santa Claus,” the complaint with which we are dealing alleges a unique design of that figure associated with other figures and characters, and widely…
2Cases cited3 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Avon Periodicals, Inc. v. Ziff-Davis Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1953
3Cited by27 opinions
- National Lampoon, Inc. v. American Broadcasting Companies, Inc.District Court, S.D. New York · 1974
- Mortellito v. Nina of California, Inc.District Court, S.D. New York · 1972
- The Upjohn Company, Plaintiff-Appellant-Appellee v. David Schwartz, Doing Business as Bryant Pharmaceutical Company, Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1957
- Speedry Products, Inc. v. Dri Mark Products, Inc.Court of Appeals for the Second Circuit · 1959
- American-Marietta Company, and v. Harry Krigsman and Harold Miller D/B/A Jamick Manufacturing Co., AndCourt of Appeals for the Second Circuit · 1960
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