Silvers v. Russell
District Court, S.D. California
1Opinion of the Court
YANKWICH, Chief Judge.
The complaint is for infringement of copyright, trademark and unfair competition and consists of four counts. Injunction and damages are sought. The basis for the complaint is the claim, both under Federal copyright laws, and under state and federal trademark registration, of a distinctive mark, used as a label on phonograph records and catalogs advertising such records, and consisting of the representation of a phonograph record, with a girl in ballet costume dancing on it. In conjunction with it the words “Stepping Tones” are also used.
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2Cases cited37 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Baker v. SeldenSupreme Court of the United States · 1880
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
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3Cited by16 opinions
- Audio Fidelity, Inc., a Corporation v. High Fidelity Recordings, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1960
- United States Jaycees v. San Francisco Jr. Cham. of Com.District Court, N.D. California · 1972
- Lone Ranger Television, Inc. v. Program Radio Corp.Court of Appeals for the Ninth Circuit · 1984
- Laskowitz v. Marie Designer, Inc.District Court, S.D. California · 1954
- Doran v. Sunset House Distributing Corp.District Court, S.D. California · 1961
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