New York Court of Appeals

Harry C. Fisher, Respondent v. Star Company, Appellant

July 14, 1921231 N.Y. 414

Summary

The New York Court of Appeals affirmed the lower court's injunction against Star Company, holding that the use of the cartoon characters “Mutt” and “Jeff” by the appellant constituted unfair competition that could be restrained in equity despite the lack of a registered trademark or copyright claim. The court based its decision on the plaintiff’s established secondary meaning and property rights in the characters.