KGB, Inc. v. Giannoulas
California Court of Appeal
1Opinion of the Court
Opinion
BROWN (Gerald), P. J.
Viewed in its most obvious aspect, this controversy about a chicken suit poses the simple issue whether a local radio station may prevent its ex-employee/mascot from wearing a chicken suit. Silly though the issues appear at first glance, the underlying principles are serious. We deal with a conflict between an employer’s asserted contract rights and the fundamental rights of an employee to earn a living, even in possible violation of the employer’s bargain with him. We are also concerned with interpreting the application of California’s restraint of trade statute…
2Cases cited42 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- International News Service v. Associated PressSupreme Court of the United States · 1919
- Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSupreme Court of the United States · 1973
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
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3Cited by15 opinions
- Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
- Application Group, Inc. v. Hunter Group, Inc.California Court of Appeal · 1998
- Metro Traffic Control, Inc. v. Shadow Traffic NetworkCalifornia Court of Appeal · 1994
- Balboa Insurance v. Trans Global EquitiesCalifornia Court of Appeal · 1990
- Fmc Corporation v. Capital Cities/abc, IncorporatedCourt of Appeals for the Seventh Circuit · 1990
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