AVON PERIODICALS v. ZIFF-DAVIS PUB. CO.


282 A.D. 200 (1953)

Avon Periodicals, Inc., Appellant-Respondent, v. Ziff-Davis Publishing Company et al., Respondents-Appellants

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

June 9, 1953.


Attorney(s) appearing for the Case

Robert E. Nickerson of counsel (John D. Roeder with him on the brief; William Gold, attorney), for appellant-respondent.

Nathan Waxman for respondents-appellants.

PECK, P. J., GLENNON and BREITEL, JJ., concur in Per Curiam opinion; DORE, J., dissents in part, in opinion.


Per Curiam.

We think that the adoption by defendants of the title "Eerie," the same as that previously employed by plaintiff, in a magazine which also so closely duplicated the size, format, design and illustrated cover of plaintiff's magazine in the same "comic" field was bound to be confusing and constituted unfair competition.

Recognizing that plaintiff had no right to a monopoly on the use of the word "Eerie...

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