Legal Opinion
Rushton v. Vitale
Court of Appeals for the Second Circuit
Decided January 26, 1955No. 123, Docket 23221PublishedCited by 39 opinions
1Opinion of the Court
CLARK, Chief Judge.
Plaintiffs are suing to enjoin the infringement of a copyright, issued May 10, 1954, on a doll in the form of a chimpanzee named Zippy. This toy has been marketed by them, after a considerable expenditure of time, effort, and money, to fulfill a seasonal demand created by the Howdy Doody television program, on which a chimpanzee named Zippy appears. Despite the fact that defendants’ doll is substantially identical to, and was obviously copied from, that of plaintiffs, the judge below refused to grant a preliminary injunction before full trial. His memorandum of decision…
2Cases cited9 opinions
- Mazer v. SteinSupreme Court of the United States · 1954
- F. W. Woolworth Co. v. Contemporary Arts, Inc.Supreme Court of the United States · 1952
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
- Houghton Mifflin Co. v. Stackpole Sons, Inc.Court of Appeals for the Second Circuit · 1939
4 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Wainwright Securities Inc. v. Wall Street Transcript Corporation and Richard A. HolmanCourt of Appeals for the Second Circuit · 1977
- Imperial Homes Corporation, a Florida Corporation v. Michael M. Lamont and Mrs. Michael M. Lamont, His WifeCourt of Appeals for the Fifth Circuit · 1972
- Tennessee Fabricating Company, D/B/A Tfc Co. v. Moultrie Manufacturing Company and William E. SmithCourt of Appeals for the Fifth Circuit · 1970
- Miller Brewing Co. v. Carling O'Keefe Breweries of Canada, Ltd.District Court, W.D. New York · 1978
- Peter Pan Fabrics, Inc. v. Acadia CompanyDistrict Court, S.D. New York · 1959
34 more not listed; retrieve them via the Exa API.