Downey v. General Foods Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtShapiro, J.
The plaintiff claims that the defendant appropriated his idea—the name “Wiggly” or “Mr. Wiggle” — and related advertising ideas and concepts for a new gelatin product to be directed at a children’s market. The defendant contends that it lived up to its contract with the plaintiff and that, in any event, its distribution of such a product under the trade name “ Mr. Wiggle ” was the independent creation of its advertising agency, Young & Eubicam (hereinafter Y & E).
On February 15, 1965 the plaintiff wrote the defendant that he had an idea which would increase its sale of Jello to children by a…
2Cases cited21 opinions
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
- Miller v. . SchlossNew York Court of Appeals · 1916
- Bristol v. Equitable Life Assurance SocietyNew York Court of Appeals · 1892
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3Cited by6 opinions
- Craig P. Nadel, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee v. Play-By-Play Toys & Novelties, Inc., Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2000
- Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
- Decorative Aides Corp. v. Staple Sewing Aides Corp.District Court, S.D. New York · 1980
- Surplus Equipment, Inc. v. Xerox CorporationAppellate Division of the Supreme Court of the State of New York · 1986
- Kienzle v. Capital Cities/American Broadcasting Co.District Court, E.D. Michigan · 1991
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