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DOWNEY v. GEN. FOODS CORP.

37 A.D.2d 250 (1971)

John T. Downey, Respondent-Appellant, v. General Foods Corporation, Appellant-Respondent

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

July 23, 1971.

Attorney(s) appearing for the Case

James P. Malone for respondent-appellant.

Coudert Brothers (Carleton G. Eldridge, Jr., and John M. Keene, III, of counsel), for appellant-respondent.

RABIN, P. J., HOPKINS, MUNDER and MARTUSCELLO, JJ., concur.

SHAPIRO, J.

The plaintiff claims that the defendant appropriated his idea — the name "Wiggly" or "Mr. Wiggle" — and related advertising ideas and concepts for a new gelatin product to be directed at a children's market. The defendant contends that it lived up to its contract with the plaintiff and that, in any event, its distribution of such a product under the trade name "Mr. Wiggle" was the independent...

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