Legal Opinion

American Broadcasting Co. v. Wahl Company

District Court, S.D. New York

Decided September 25, 1940PublishedCited by 4 opinions

1Opinion of the Court

MANDELBAUM, District Judge.

This motion seeks a dismissal of the amended complaint. Judge Clancy in dismissing the original complaint stated, in part, that the plaintiff is “to state separately whatever causes of action he intends to set up, clearly and briefly stating in each cause of action the facts which he believes compose it and nothing more”.

In its present amended complaint, the plaintiff sets forth three causes of action which it has designated as (1) infringement of copyright, (2) infringement of trade-' mark, and (3) unfair competition.

The court will consider each cause of action…

2Cases cited7 opinions

  1. Neva-Wet Corp. of America, Inc. v. Never Wet Processing Corp.New York Court of Appeals · 1938
  2. Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
  3. Affiliated Enterprises, Inc. v. GruberCourt of Appeals for the First Circuit · 1936
  4. Ely Norris Safe Co. v. Mosler Safe Co.Court of Appeals for the Second Circuit · 1933
  5. La Fayette Brewery, Inc. v. Rock Island Brewing Co.Court of Customs and Patent Appeals · 1937

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

3Cited by4 opinions

  1. Cole v. AllenDistrict Court, S.D. New York · 1942
  2. Montgomery v. KingslandCourt of Appeals for the D.C. Circuit · 1948
  3. Cranford v. United StatesUnited States Court of Claims · 1964
  4. Briggs v. New Hampshire Trotting & Breeding Ass'n, Inc.District Court, D. New Hampshire · 1960

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