Bram v. Dannon Milk Products, Inc.
| Decision Date | 24 February 1970 |
| Citation | 307 N.Y.S.2d 571,33 A.D.2d 1010 |
| Parties | , 165 U.S.P.Q. 273 A. Lawrence BRAM, Plaintiff-Respondent, v. DANNON MILK PRODUCTS, INC., and The Zlowe Company, Inc., Defendants-Appellants, and National Broadcasting Co., Inc., Defendant. |
| Court | New York Supreme Court — Appellate Division |
A. Rotwein, New York City, for plaintiff-respondent.
C. G. Eldridge, Jr., New York City, for defendants-appellants.
Before McGIVERN, J.P., and MARKEWICH, McNALLY and TILZER, JJ.
Order entered August 11, 1969 insofar as it denied the motion of the defendants-appellants for summary judgment made on the eve of trial, unanimously reversed on the law, without costs and without disbursements and the motion granted. The idea submitted by the plaintiff to the defendants, the concept of depicting an infant in a high-chair eating and enjoying yogurt, was lacking in novelty and had been utilized by the defendants and their competitors prior to its submission. Lack of novelty in an idea is fatal to any cause of action for its unlawful use. In the circumstances a question of fact as to whether there existed an oral agreement between the parties would not preclude summary judgment. (Soule v. Bon Ami Co., 201 App.Div. 794, 195 N.Y.S. 574; Oxenhandler v. Dime Sav. Bank of Brooklyn, 33 Misc.2d 626, 227 N.Y.S.2d 642 (Sup.Ct. Kings County 1962); Davies v. Carnation Company, 352 F.2d 393 (9th Cir.1965); Stevens v. Continental Can Co., 208 F.2d 100 (6th Cir.1962).)
To continue reading
Request your trial
-
Duffy v. Charles Schwab & Co., Inc.
...258 A.2d at 157; see also In re Elsinore Shore Assocs., 102 B.R. 958, 970 (Bankr.N.J. 1989) (citing Bram v. Dannon Milk Prods. Inc., 33 A.D.2d 1010, 307 N.Y.S.2d 571 (1st Dep't 1970) and McGhan v. Ebersol, 608 F.Supp. 277, 286 In addition, the court inferred that even a novel idea would los......
-
Paul v. Haley
...in an idea is fatal to any cause of action for its unlawful use" (Downey v. General Foods Corp., supra, quoting Bram v. Dannon Milk Prods., 33 A.D.2d 1010, 307 N.Y.S.2d 571). In the case at bar, both of the remaining claims against the defendants are based upon the alleged misappropriation ......
-
AEB & Associates Design Group, Inc. v. Tonka Corp.
...v. General Foods Corp., 31 N.Y.2d 56, 334 N.Y.S.2d 874, 877, 286 N.E.2d 257, 259 (1972); see also Bram v. Dannon Milk Prods., Inc., 33 A.D.2d 1010, 307 N.Y.S.2d 571 (1st Dep't 1970) ("Lack of novelty in an idea is fatal to any cause of action for its unlawful use."); Ed Graham Prods., Inc. ......
-
Hudson Hotels Corp. v. Choice Hotels Intern.
...Programs, Inc. v. Dreyfus Corp., 65 Misc.2d 412, 317 N.Y.S.2d 840, 843-44 (Sup.Ct.N.Y.Co.1970); Bram v. Dannon Milk Prods., Inc., 33 A.D.2d 1010, 307 N.Y.S.2d 571, 571 (1st Dep't 1970). As the New York Court of Appeals stated in Downey v. General Foods Corp., 31 N.Y.2d 56, 334 N.Y.S.2d 874,......
-
The Evolving Law of Ideas in Girl Friends Productions, Inc. v. Abc, Inc.
...Broad. Co., 844 F.2d 988 (2d Cir.1988). 37 Id. 38 Id. at 990. 39 Id. 40 Id. at 991. 41 Id. at 990. 42 Bram v. Dannon Milk Prods., Inc., 33 A.D.2d 1010, 1010 43 Murray, 844 F.2d at 991. 44 Nadel v. Play-by-Play Toys & Novelties, Inc., 208 F.3d 368 (2d Cir. 2000). 45 Id. at 376. 46 Waldman Pu......