Legal Opinion

Brown & Bigelow v. Remembrance Advertising Products, Inc.

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

Decided February 26, 1952PublishedCited by 11 opinions

1Opinion of the CourtShibntag, J.

Plaintiff appeals from a judgment for defendants, dismissing the complaint on the merits, after a trial before an Official Referee. The action is one for infringement of a trade-mark registered under the Federal statutes, and also for unfair competition in connection therewith.

Plaintiff has been engaged in the business of advertising the products of other concerns and individuals by the sale of calendars, blotters, pencils and similar goods bearing advertising matter thereon for more than twenty-five years. These advertising products are distributed by customers of plaintiff as gifts to the…

2Cases cited1 opinion

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938

3Cited by11 opinions

  1. Clairol Incorporated v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1968
  2. Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
  3. Dell Publishing Co. v. Stanley Publications, Inc.New York Court of Appeals · 1961
  4. Application of State of New YorkDistrict Court, S.D. New York · 1973
  5. In re Interception of Telephone CommunicationsNew York Supreme Court · 1958

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