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Kirkland v. National Broadcasting Co.
United States District Court for the Eastern District of Pennsylvania
425 F. Supp. 1111 (1976)
Between 1943 and 1948, several radio networks broadcast a radio show called Land of the Lost (the radio show) created by Isabel Manning Hewson Kirkland (plaintiff). The radio show was targeted towards children. In 1974, National Broadcasting Company, Incorporated (NBC) (defendant) broadcast a children’s television series (the television show) under the same title as the radio show. NBC used the title on the advice of counsel, who told NBC that the title was within the public domain. Kirkland filed suit against NBC for unfair competition for NBC’s use of the title. NBC moved for summary judgment.
Rule of Law
Holding and Reasoning (Ditter, J.)
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