Legal Opinion

Streetwise Maps, Inc. v. VanDam, Inc.

Court of Appeals for the Second Circuit

Decided October 27, 1998No. Docket No. 97-7943PublishedCited by 104 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

Streetwise Maps, Inc. had a great idea when it began developing its simplified, fold-able, laminated street map. But, as with most good ideas, imitators were quick to follow. This litigation concerns plaintiff Streetwise’s attempt to eliminate from the marketplace one such imitator’s product— defendants’ StreetSmart maps. To accomplish that purpose, plaintiff brought an action against defendants under the Lanham Act and copyright law.

Competitors, by copying and underselling a product’s originator, enjoy a “free ride” on an originator’s efforts. Yet, since the common…

2Cases cited22 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  3. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  4. Doe Lang, Petitioner/defendant-Appellant v. Retirement Living Publishing Co., Inc., Respondent/plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1991
  5. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979

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3Cited by104 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. GoSmile, Inc. v. Dr. Jonathan Levine, DMDPCDistrict Court, S.D. New York · 2011
  3. Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1999
  4. Savin Corporation v. The Savin Group, Savin Engineers, P.C., Savin Consultants, Inc. D/B/A Savin Engineers, P.C., and Jmoa Engineering, P.C.Court of Appeals for the Second Circuit · 2004
  5. Nabisco, Inc. And Nabisco Brands Company, Plaintiffs-Counter-Defendants v. Warner-Lambert Company, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2000

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