Legal Opinion

Drug Research Corp. v. Curtis Publishing Co.

New York Court of Appeals

Decided March 24, 1960PublishedCited by 46 opinions

1Opinion of the CourtDye, J.

In this libel action the complaint alleges that defendant Ben Pearse wrote an article entitled “Don’t Fall for the Mail Frauds ”, which appeared in the March 29, 1958 issue of the Saturday Evening Post, a magazine owned, published and circulated by defendant Curtis Publishing Company. The article contains the following statements which are complained of (Complaint, par. Eleventh) :

“ The hottest gimmick in the mail-fraud field today is the alleged weight-reducing pill. Recent emphasis by medical authorities on the harmful effect of overweight has made avoirdupois a national obsession. The…

2Cases cited6 opinions

  1. Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
  2. Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
  3. Fleischmann v. . BennettNew York Court of Appeals · 1881
  4. Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
  5. First National Bank v. WintersNew York Court of Appeals · 1918

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3Cited by46 opinions

  1. Isuzu Motors Ltd. v. Consumers Union of United States, Inc.District Court, C.D. California · 1998
  2. Fashion Boutique of Short Hills, Inc. v. Fendi Usa, Inc., and Fendi Stores, Inc.Court of Appeals for the Second Circuit · 2002
  3. Enigma Software Group USA, LLC v. Bleeping Computer LLCDistrict Court, S.D. New York · 2016
  4. Gucci America, Inc. v. Duty Free Apparel, Ltd.District Court, S.D. New York · 2003
  5. Lan Sang v. Ming HaiDistrict Court, S.D. New York · 2013

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