King Features Syndicate v. Fleischer
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the King Features Syndicate against Rudolph Fleischer and Michael Baumgarten, partners as the Fleischer Toy Manufacturing Company, and the Fleischer Toy Manufacturing Company, Inc. Decree for defendants, and complainant appeals.
1Opinion of the Court
MANTON, Circuit Judge.
Appellant, the owner of the copyright of a book of cartoons known as “Barney Google and Spark Plug,” sues the appellees, who are manufacturers of toys, and who manufacture a toy horse which they have fashioned after, labeled, and sold as “Spark Plug” and “Sparky.” The appellant has been and is engaged, among other things, in selling, publishing, and syndicating to the publishers of newspapers, cartoons and comic strips, which are in turn published under a license from appellant. These newspapers have a wide and large reading public, and the cartoons and comic strips have…
2Cases cited14 opinions
- Baker v. SeldenSupreme Court of the United States · 1880
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Holmes v. HurstSupreme Court of the United States · 1899
- Jeweler's Circular Pub. Co. v. Keystone Pub. Co.Court of Appeals for the Second Circuit · 1922
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3Cited by65 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Walt Disney Productions v. The Air PiratesCourt of Appeals for the Ninth Circuit · 1978
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
- Nutt v. National Institute Incorporated for the Improvement of MemoryCourt of Appeals for the Second Circuit · 1929
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