Dell Publishing Co. v. Stanley Publications, Inc.

Plaintiff sues for trade-mark infringement and unfair competition. Since 1930 Dell Publishing Company, Inc., or its subsidiary (absorbed by Dell in 1932) has published a monthly magazine with a special leaning in its contents to confessions and romances. All the witnesses agree that in popular magazine publishing “ romances ” and “ confessions ” are synonymous. Plaintiff’s copyright certificate dates from February, 1931. It is conceded that plaintiff’s publication is one of the three leaders in the field and its circulation runs to 1,000,000 copies per month. “ Modern Romances ” is the leader…