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AMERICAN BROADCASTING CO. v. WAHL CO.

No. 264.

121 F.2d 412 (1941)

AMERICAN BROADCASTING CO. v. WAHL CO. et al.

Circuit Court of Appeals, Second Circuit.

June 18, 1941.

Attorney(s) appearing for the Case

Buckley & Buckley, of Washington, D. C., and Russell C. Gay, of New York City (Russell C. Gay, of New York City, H. Russell Bishop, of Washington, D. C., and John F. Lang, of New York City, of counsel), for complainant-appellant.

Coudert Brothers, of New York City (Walter R. Barry and Alexis C. Coudert, both of New York City, of counsel), for defendants-appellees.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The amended complaint sets forth the following causes of action against the defendants:

(1) For infringement of complainant's registered copyright of a quiz program used in radio broadcasting entitled "Double or Nothing" by broadcasting a radio program known as "Take It or Leave It."

(2) For infringement of the common-law trade-mark "Take It or Leave It" which the complainant was entitled to use on broadcasts under...

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