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King Features Syndicate v. Fleischer

299 Fed. 533 (1924)

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King Features Syndicate v. Fleischer

United States Court of Appeals for the Second Circuit
299 Fed. 533 (1924)

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Facts

King Features Syndicate (plaintiff) owned exclusive rights to the cartoon strip known as Barney Google and Spark Plug, which featured a comic racehorse called Spark Plug, sometimes referred to as Sparky. King Features brought suit against Fleischer (defendant), a toy manufacturer, after it produced a toy horse fashioned after, labeled, and sold as Spark Plug and Sparky. The district court granted Fleischer’s motion to dismiss the suit, and King Features appealed.

Rule of Law

Issue

Holding and Reasoning (Manton, J.)

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