Legal Opinion

Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.

Court of Appeals for the Second Circuit

Decided March 20, 1953No. 158, Docket 22564PublishedCited by 126 opinions

1Opinion of the Court

FRANK, Circuit Judge.

After a trial without a jury, the trial» judge dismissed the complaint on the merits.1 The plaintiff maintains that defendant invaded plaintiff’s exclusive right to use the photographs of leading baseball-players. Probably because the trial judge ruled against plaintiff’s legal contentions, some of the facts were not too clearly found.

1. So far as we can now tell, there were instances of the following kind:(a). The plaintiff, engaged in selling chewing-gum, made a contract with a ballplayer providing that plaintiff for a stated term should have the exclusive right to use…

2Cases cited5 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Hornstein v. PodwitzNew York Court of Appeals · 1930
  3. Madison Square Garden Corp. v. Universal Pictures Co.Appellate Division of the Supreme Court of the State of New York · 1938
  4. Hanna Mfg. Co. v. Hillerich & Bradsby Co.Court of Appeals for the Fifth Circuit · 1935
  5. Liebig's Extract of Meat Co. v. Liebig Extract Co.Court of Appeals for the Second Circuit · 1910

3Cited by126 opinions

  1. Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
  2. Luther Haynes and Dorothy Haynes v. Alfred A. Knopf, Incorporated, and Nicholas LemannCourt of Appeals for the Seventh Circuit · 1993
  3. Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
  4. Jackie Collins Lerman v. Flynt Distributing Co., Inc.Court of Appeals for the Second Circuit · 1984
  5. Etw Corporation v. Jireh Publishing, Inc.Court of Appeals for the Sixth Circuit · 2003

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