Avalon Hill Co. v. Gebhardt

This appeal is from an order dismissing, after full hearing and extended testimony, a bill for an injunction and accounting against a competitor marketing a game involving the Battle of Gettysburg. The appellant contends that the box lid of the game of the defendant-appellee, known as “Change-it”, is so similar to that of its game, known as “Gettysburg”, “as probably to confuse the ordinary, casual purchaser.”

We may note at the outset that the appellant does not claim here and did not claim below that it acquired or could acquire any exclusive property rights in the name of the famous Battle…