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SCREEN TEST, INC. v. AM. BROAD. CO., INC.

277 A.D. 755 (1950)

Screen Test, Inc., Appellant, v. American Broadcasting Company, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1950.

We think it clear that any secondary meaning which the words "Screen Test", as the title of plaintiff's radio program, had acquired during six months of use, lapsed during three and one-half years of nonuse, so that by the end of that time there was no identifying of the words or title with plaintiff in the public mind. No article or product is here involved and no palming off, confusion or deceit of the public. Nor would we say that...

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