Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From CM Paula v Logan, 355 F.Supp. 189 (ND TX 1973) Having concluded there is no copying of a copyrighted artwork, that the process does not entail a protected adaptation, and that no violation of Paula's statutory right to vend has been shown, the Court denies plaintiff's prayer for injunctive relief. While the injunctive relief sought by plaintiff will not be granted, the Court is of the opinion that some action should be taken to insure that no confusion exists [page 193] in the marketplace as to the source of defendant's product. Prestonettes, Inc. v. Coty, 264 U.S. 359, 368, 44 S.Ct. 350, 351, 68 L.Ed. 731 (cited in Scarves by Vera, Inc. v. American Handbags, Inc., 188 F.Supp. 255 (S.D.N.Y.1960)), provided that: "A trade-mark only gives the right to prohibit the use of it so far as to protect the owner's good will against the sale of another's product as his. . . . When the mark is used in a way that does not deceive the public we see no such sanctity in the word as to prevent its being used to tell the truth. It is not taboo." Henceforth, defendant is to indicate on the back of all of its products upon which appear any of plaintiff's copyrighted artworks, by plainly visible label or stamp in easily readable letters of the same size, the following: "Artwork hereon is copyrighted design of C. M. Paula Co. which is in no way connected with L. Gene Logan Co., manufacturer of this plaque." Scarves by Vera, Inc. v. American Handbags, Inc., 188 F.Supp. 255, 258 (S.D.N.Y.1960).