The National Lampoon, Inc. v. American Broadcasting Companies, Inc.
The NATIONAL LAMPOON, INC., Plaintiff-Appellee, v. AMERICAN BROADCASTING COMPANIES, INC., Et Al., Defendants-Appellants
Opinion
PER CURIAM:
Defendants American Broadcasting Companies, Inc., George Schlatter Enterprises, Inc. and George Schlatter appeal from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Jr., J., entered in favor of plaintiff-appellee The National Lampoon, Inc. after a trial without a jury, which permanently enjoined appellants from using the words “National Lampoon” or “lampoon” as the title for a television program and from using any set spelling the word “lampoon” in such a program. In his thorough opinion, reported at 376 F. Supp. 733 (1974), the judge justifiably found that the defendant broadcasting company had deliberately attempted to exploit National Lampoon’s well-known name and reputation in directing preparation of the pilot program by the other two defendants. On this basis alone the injunctive order should be affirmed, although we do not imply that the other grounds relied upon by the district court would not be sufficient, were we called upon to consider them.
Judgment affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(use of name “Lampoon” for television show enjoined as unfair attempt to suggest association with plaintiffs various enterprises)
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(misappropriation of the name “Lampoon” held actionable)
Cited by 63 cases
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