Legal Opinion

George Nelson Foundation v. Modernica, Inc.

District Court, S.D. New York

Decided March 12, 2014No. Civil Action No. 13-3427PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM RE MOTION TO DISMISS

BAYLSON, District Judge.

“What’s in a name? That which we call a rose By any other name would smell as sweet.1

The mystery of a name drives the plot in Puccini’s opera Tumadot. In the Grimm Brothers’ fairy tale about Rumpelstiltzken, correctly guessing his name releases the promise he had extracted from a young maiden that she would give him her first born child. Notwithstanding Shakespeare’s question, names are important.

Common law courts have long recognized that a person or entity can acquire a property right to a name by creating a protectable interest through…

2Cases cited49 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Harris v. MillsCourt of Appeals for the Second Circuit · 2009
  4. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  5. Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995

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3Cited by18 opinions

  1. Vox Amplification Ltd. v. MeussdorfferDistrict Court, E.D. New York · 2014
  2. New World Solutions, Inc. v. NameMedia Inc.District Court, S.D. New York · 2015
  3. A.V.E.L.A., INC. v. Estate of Marilyn Monroe, LLCDistrict Court, S.D. New York · 2015
  4. Pulse Creations, Inc. v. Vesture Group, Inc.District Court, S.D. New York · 2015
  5. Schutte Bagclosures Inc. v. Kwik Lok Corp.District Court, S.D. New York · 2016

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