Opinion · Court of Appeals for the Second Circuit

Miss Universe, Inc. v. Alfred Patricelli

386 F.2d 997

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1967-08-09
Topic
litigation

How later courts describe this case

  • “the doctrine of laches is inapposite in this case where the evidence makes plain a history of slow encroachment upon plaintiffs preserve, of increasingly direct competition, and of sudden promotional expansion aimed at exploitation of a market created by plaintiff.”

Citator

UpLaw has not yet analyzed Miss Universe, Inc. v. Alfred Patricelli. The absence of a flag is not a finding that it is good law.

Cited by
10 opinions
MISS UNIVERSE, INC. v. PATRICELLI,386 F.2d 997(2nd Cir. 1967)
MISS UNIVERSE, INC., Plaintiff, v. Alfred PATRICELLI, Defendant.
No. 31556.
United States Court of Appeals, Second Circuit.
August 9, 1967.
Mason, Fenwick Lawrence, Washington, D.C., and Anthony P. Copertino, Jr., Bridgeport, Conn., for appellant.

Kaye, Scholer, Fierman, Hays Handler, New York City, and Gumbart, Corbin, Tyler Cooper, New Haven, Conn., for appellee.
Before MOORE and ANDERSON, Circuit Judges, and TENNEY, District Judge.
PER CURIAM.
The order of Chief Judge Timbers, D.C.,271 F. Supp. 104, is affirmed. However, the merits of the controversy, including the validity of plaintiff's servicemarks, must await the trial. This decision is not intended to foreclose the defendant from using a title descriptive of his contest to select a representative from the United States of America for the World Beauty Pageant in London, England, such as Miss World — USA.Page 26