Legal Opinion

Geisel v. Poynter Products, Inc.

District Court, S.D. New York

Decided December 23, 1968No. 68 Civ. 997PublishedCited by 22 opinions

1Opinion of the Court

OPINION

HERLANDS, District Judge:

Can an artist who sells his signed cartoon to a magazine validly object to the magazine’s making and selling a doll which is truthfully advertised as based upon the cartoon? This, capsulated, poses the critical issue herein.

The Complaint

Plaintiff, Theodor Seuss Geisel, is the world-famous artist and author, whose nom de plume is “Dr. Seuss.” In a complaint against the four defendants, filed March 8, 1968, plaintiff charged that the defendants manufactured and were advertising and selling dolls “derived from” [Complaint, [f 21] certain material which plaintiff…

2Cases cited79 opinions

  1. Mazer v. SteinSupreme Court of the United States · 1954
  2. Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
  3. Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
  4. R. G. Smith, Doing Business Under the Name and Style of Ta'ron, Inc., and International Fragrances, Inc. v. Chanel, Inc., and Chanel Industries, Inc.Court of Appeals for the Ninth Circuit · 1968
  5. Nichols v. Item Publishers, Inc.New York Court of Appeals · 1956

74 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Allied Maintenance Corp. v. Allied Mechanical Trades, Inc.New York Court of Appeals · 1977
  2. Kohler Co. v. Moen Incorporated, F/k/a Stanadyne, Inc.Court of Appeals for the Seventh Circuit · 1993
  3. Shaw v. Time-Life RecordsNew York Court of Appeals · 1975
  4. Allen v. National Video, Inc.District Court, S.D. New York · 1985
  5. Ideal Toy Corp. v. Kenner Products Division of General Mills Fun Group, Inc.District Court, S.D. New York · 1977

17 more not listed; retrieve them via the Exa API.

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