DeCosta v. Columbia Broadcasting System, Inc.
United States Court of Appeals for the First Circuit
520 F.2d 499 (1975)
- Written by Sarah Holley, JD
Facts
Victor DeCosta (plaintiff) had a passion for all things western and, adopting the name Paladin, appeared in rodeos, horse shows, horse auctions, and parades dressed in an all-black suit, a flat-crowned black hat with a medal, a holster with a silver chess piece, and an antique derringer strapped under his arm. During each of his appearances, DeCosta distributed photographs of himself dressed as Paladin and business cards that read: “Have Gun Will Travel, Wire Paladin, N. Court St., Cranston, R.I.” Later, Columbia Broadcasting System, Inc. (CBS) (defendant) broadcast nationwide what proved to be a successful television show, Have Gun Will Travel, which depicted the title character of Paladin donning a costume and accessories almost identical to those of DeCosta. DeCosta sued CBS for trademark infringement and unfair competition on the basis of their unauthorized use of his original character.
Rule of Law
Issue
Holding and Reasoning (Coffin, C.J.)
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