(DOWNLOAD) "Magazine Publishers Inc. v. Ziffdavis Pub. Co." by Second Circuit Circuit Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Magazine Publishers Inc. v. Ziffdavis Pub. Co.
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 30, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The defendant Ziff-Davis Publishing Company is an Illinois corporation engaged in the publication of magazines, and the defendant American News Company is a distributor of magazines including those published by Ziff-Davis. The plaintiff, which is a New York corporation and publishes magazines, brought suit in the New York Supreme Court against both defendants for an injunction, an accounting and damages, charging trade-mark infringement and unfair competition in the use of a magazine title. Ziff-Davis, which will hereinafter be referred to as the defendant, removed the cause to the District Court for the Southern District of New York because of diversity of citizenship. It answered the complaint, denying the plaintiffs allegations generally and setting up a counterclaim which charged unfair competition and sought an injunction, damages and an accounting. The court held that the plaintiffs trade-mark was invalid and that the defendant had not unfairly competed, but that the plaintiff had done so. It therefore entered an interlocutory decree dismissing the plaintiffs action against both defendants, enjoining it from continuing to compete unfairly with the defendant and referring the cause to a special master for the computation of damages and profits.
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