Avon Periodicals, Inc. v. Ziff-Davis Publishing Co.

We think that the adoption by defendants of the title “ Eerie,” the same as that previously employed by plaintiff, in a magazine which also so closely duplicated the size, format, design and illustrated cover of plaintiff’s magazine in the same “ comic ” field was bound to be confusing and constituted unfair competition.

Recognizing that plaintiff had no right to a monopoly on the use of the word “ Eerie ” and that plaintiff’s use of the name had not achieved a secondary meaning in behalf of its magazine, we still think that defendants were not entitled to duplicate plaintiff’s product to the…