Legal Opinion
Kitchens of Sara Lee, Inc. v. Nifty Foods Corporation, Lady Ilene, Inc., A. Lustig, Inc., Lustig Food Corporation, Abraham Lustig and Ilene Lustig
Court of Appeals for the Second Circuit
Decided May 7, 1959No. 25072_1PublishedCited by 43 opinions
1Opinion of the Court
MOORE, Circuit Judge.
Plaintiff and defendants both bake and sell to the public such familiar bakery products as chocolate cake, cream cheese cake, pound cake and coffee cake. In keeping with popular trend these cakes are sold in a frozen condition. The housewife need do no more to prepare them for service than to remove them from the refrigerator and let them thaw out. Claiming that defendants have violated plaintiff’s rights in four distinct fields of law, i. e„ (1) copyright infringement; (2) unfair competition; (3) trademark infringement; and (4) unjust enrichment, plaintiff sued. The…
2Cases cited11 opinions
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- My-T Fine Corporation v. SamuelsCourt of Appeals for the Second Circuit · 1934
- Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
- G. H. Mumm Champagne v. Eastern Wine Corp.Court of Appeals for the Second Circuit · 1944
- Chamberlin v. Uris Sales CorporationCourt of Appeals for the Second Circuit · 1945
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- The Yankee Candle Company, Inc. v. The Bridgewater Candle Company, LLCCourt of Appeals for the First Circuit · 2001
- Ets-Hokin v. Skyy Spirits, Inc.Court of Appeals for the Ninth Circuit · 2000
- Alberto-Culver Company, and Cross-Appellee v. Andrea Dumon, Inc., and Cross-AppellantCourt of Appeals for the Seventh Circuit · 1972
- Southco, Inc. v. Kanebridge CorporationCourt of Appeals for the Third Circuit · 2004
- CMM Cable Rep, Inc. v. Ocean Coast Properties, Inc.Court of Appeals for the First Circuit · 1996
38 more not listed; retrieve them via the Exa API.