Legal Opinion

Gardella v. Log Cabin Products Co.

Court of Appeals for the Second Circuit

Decided May 10, 1937No. 254PublishedCited by 19 opinions

1Opinion of the Court

MANTON, Circuit Judge.

Appellee, a stage and radio performer, obtained a judgment below in an action at law for $115,966.27, based upon a claim of unfair competition and violation by the appellants of the Civil Rights Law, §§ 50 and 51 (Consol.Laws, c. 6), in the use of appellee’s name “Aunt Jemima” in connection with advertising broadcasts over a radio station in New York City on October 2, 9, and 16, 1935. Log Cabin. Syrup and Aunt Jemima’s Pancake Flour were jointly advertised over the facilities of the National Broadcasting Company on each of these dates. Log Cabin Syrup was a product of…

2Cases cited35 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  3. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  4. Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
  5. Binns v. Vitagraph Co. of AmericaNew York Court of Appeals · 1913

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3Cited by19 opinions

  1. Terry Gilliam, Plaintiffs-Appellants-Appellees v. American Broadcasting Companies, Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1976
  2. Nancy Sinatra v. The Goodyear Tire & Rubber Co., an Ohio Corporation, Young & Rubicam, Inc., Anew York CorporationCourt of Appeals for the Ninth Circuit · 1970
  3. Bert Lahr v. Adell Chemical Co., Inc.Court of Appeals for the First Circuit · 1962
  4. Geisel v. Poynter Products, Inc.District Court, S.D. New York · 1968
  5. DeClemente v. Columbia Pictures Industries, Inc.District Court, E.D. New York · 1994

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