Legal Opinion

Downey v. General Foods Corp.

Appellate Division of the Supreme Court of the State of New York

Decided July 23, 1971PublishedCited by 6 opinions

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

  1. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  2. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  3. Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
  4. Miller v. . SchlossNew York Court of Appeals · 1916
  5. Bristol v. Equitable Life Assurance SocietyNew York Court of Appeals · 1892

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3Cited by6 opinions

  1. 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
  2. Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
  3. Decorative Aides Corp. v. Staple Sewing Aides Corp.District Court, S.D. New York · 1980
  4. Surplus Equipment, Inc. v. Xerox CorporationAppellate Division of the Supreme Court of the State of New York · 1986
  5. Kienzle v. Capital Cities/American Broadcasting Co.District Court, E.D. Michigan · 1991

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