Legal Opinion

Cue Publishing Co. v. Kirshenberg

New York Supreme Court

Decided March 4, 1960PublishedCited by 6 opinions

1Opinion of the Court

Edgar J. Nathan, Jr., J.

In this action for unfair competition, plaintiffs seek to enjoin the defendant from using the word “Cue” as part of the title of the business conducted by him.

Cue Magazine has been published by the plaintiffs continually since 1935. Its success has been noteworthy. Starting with an initial circulation of approximately 1,500, the magazine has steadily increased its circulation over the years to a present average weekly paid circulation in excess of 150,000 and an actual readership far greater. Large sums of money have been expended on advertising and promoting the…

2Cases cited10 opinions

  1. Vogue Co. v. Thompson-Hudson Co.Court of Appeals for the Sixth Circuit · 1924
  2. Tiffany & Co. v. Tiffany Productions, Inc.New York Supreme Court · 1932
  3. Tiffany & Co. v. Tiffany Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Tiffany Company v. Tiffany Productions, Inc.New York Court of Appeals · 1933
  5. Hanson v. Triangle Publications, Inc.Court of Appeals for the Eighth Circuit · 1947

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3Cited by6 opinions

  1. Coca-Cola Company v. Gemini Rising, Inc.District Court, E.D. New York · 1972
  2. Gucci America, Inc. v. Duty Free Apparel, Ltd.District Court, S.D. New York · 2003
  3. Cue Publishing Co. v. Colgate-Palmolive Co.New York Supreme Court · 1965
  4. Fund of Funds, Ltd. v. First American Fund of Funds, Inc.District Court, S.D. New York · 1967
  5. Sleepy's LLC v. Select Comfort Wholesale Corp.District Court, E.D. New York · 2015

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