AVON PERIODICALS v. ZIFF-DAVIS PUB. CO.


27 Misc.2d 160 (1952)

Avon Periodicals, Inc., Plaintiff, v. Ziff-Davis Publishing Company et al., Defendants.

Supreme Court, Special Term, New York County.

April 29, 1952


Attorney(s) appearing for the Case

Gold & Nickerson (Robert E. Nickerson of counsel), for plaintiff. Simpson, Thacher & Bartlett (Nathan Waxman of counsel), for defendants.


MARTIN M. FRANK, J.

The plaintiff in this action charges the defendants with an infringement of its rights, trade name and title to the word "Eerie," and with unfair competition.

All the parties involved are publishers. They are engaged, in addition to other forms of publication, in the business of publishing a comparatively new type of magazine. Called "Comics" or "Comic Books," the magazines are described...

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