Legal Opinion

Barton Candy Corp. v. Tell Chocolate Novelties Corp.

District Court, E.D. New York

Decided November 18, 1959No. Civ. 16171PublishedCited by 11 opinions

1Opinion of the Court

BARTELS, District Judge.

Plaintiff, a well known manufacturer of chocolate products, seeks redress for alleged copyright infringement and unfair competition against the defendant Tell Chocolate Novelties Corp. and its officers and directors (hereinafter collectively referred to as “defendant”). In addition to denying plaintiff’s claim, defendant in a counterclaim accuses plaintiff of bad faith, harassment and unfair competition and demands payment of costs and reasonable attorneys’ fees.

On or about November 14, 1954, plaintiff designed a rectangular cardboard container, approximately 4%" x 5%"…

2Cases cited34 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  3. International News Service v. Associated PressSupreme Court of the United States · 1919
  4. Mazer v. SteinSupreme Court of the United States · 1954
  5. White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908

29 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harcourt, Brace & World, Inc. v. Graphic Controls Corp.District Court, S.D. New York · 1971
  2. Breffort v. I Had a Ball CompanyDistrict Court, S.D. New York · 1967
  3. Meridian Mortgage, Inc. v. First Hawaiian BankHawaii Intermediate Court of Appeals · 2005
  4. Kaz Manufacturing Co. v. Chesebrough-Pond's, Inc.District Court, S.D. New York · 1962
  5. Norbay Music, Inc. v. King Records, Inc.District Court, S.D. New York · 1966

6 more not listed; retrieve them via the Exa API.

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