Legal Opinion
Audio Fidelity, Inc., a Corporation v. High Fidelity Recordings, Inc., a Corporation
Court of Appeals for the Ninth Circuit
Decided October 29, 1960No. 16733_1PublishedCited by 75 opinions
1Opinion of the Court
BARNES, Circuit Judge.
This is an appeal by plaintiff below in an action for unfair competition based on diversity of citizenship. 28 U.S.C. § 1332 (a)(1). The district court denied recovery. This court has jurisdiction on appeal. 28 U.S.C. § 1291.
This case raises no question as to patent, copyright or trademark. Appellant records and distributes phonograph records which are universally sold in record jackets or sleeves, usually made of cardboard. The unfair competition alleged is not related to the contents of the record, but solely to the choice of language and the art work and format…
2Cases cited31 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- Pagliero v. Wallace China Co., LimitedCourt of Appeals for the Ninth Circuit · 1952
26 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.Court of Appeals for the Sixth Circuit · 2002
- Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
- Lavie v. Procter & Gamble Co.California Court of Appeal · 2003
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Michael FREEMAN, Plaintiff-Appellant, v. the TIME, INC., Magazine Company, Et Al., Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1995
70 more not listed; retrieve them via the Exa API.