Fisher v. . Star Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 7, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 7, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The facts as found at the Special Term are as follows: “ 1. On November 15, 1907, there was published in the San Francisco Chronicle, a daily newspaper, a cartoon in the form called a ‘ comic strip,’ which was drawn by Harry C. Fisher and which contained a cartoon character therein named by him and designated ‘ Mutt.’ ” It was the first…
1Opinion of the CourtChase, J.
This action is brought to enjoin the appellant from what the respondent asserts is unfair competition in making and publishing cartoons. The question on this appeal is whether the courts should use the equitable jurisdiction given to them to restrain a person or corporation from using in a cartoon, or in cartoons prepared for publication and sale as a business, certain grotesque figures, being imaginary and fictitious characters and the names applied to them, when such figures and names were originated and have been applied and used by a person in connection with his work as a cartoonist…
2Cases cited15 opinions
- International News Service v. Associated PressSupreme Court of the United States · 1919
- McLean v. FlemingSupreme Court of the United States · 1878
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- Underhill v. . SchenckNew York Court of Appeals · 1924
- ITC Ltd. v. Punchgini, Inc.New York Court of Appeals · 2007
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
64 more not listed; retrieve them via the Exa API.