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GARDELLA v. LOG CABIN PRODUCTS CO.

No. 254.

89 F.2d 891 (1937)

GARDELLA v. LOG CABIN PRODUCTS CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 10, 1937.

Attorney(s) appearing for the Case

Lester E. Waterbury, of New York City (Lester E. Waterbury and Mansfield C. Fuldner, both of New York City, of counsel), for appellants.

Samuel Robert Weltz, of New York City, for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

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...

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