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HAELAN LABORATORIES v. TOPPS CHEWING GUM

No. 158, Docket 22564.

202 F.2d 866 (1953)

HAELAN LABORATORIES, Inc. v. TOPPS CHEWING GUM, Inc.

United States Court of Appeals Second Circuit.

Decided February 16, 1953.

On Petition for Rehearing and Motion to Stay Mandate March 20, 1953.

Attorney(s) appearing for the Case

Jonas J. Shapiro, New York City (Janet Perlman, New York City, of counsel), for plaintiff.

Pennie, Edmonds, Morton, Barrows & Taylor, New York City (George E. Middleton, New York City, of counsel), for defendant.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

After a trial without a jury, the trial judge dismissed the complaint on the merits.1 The plaintiff maintains that defendant invaded plaintiff's exclusive right to use the photographs of leading baseball-players. Probably because the trial judge ruled against plaintiff's legal contentions, some of the facts were not too clearly found.

1. So far as we can now tell, there were instances of the following kind...

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