American-Marietta Co. v. Krigsman, 275 F.2d 287 (2d Cir. 1960).
See, e.g., Pagliero v. Wallace China Co., 198 F.2d339, 343 (9th Cir. 1952); Supreme Records, Inc. v. Decca Records, Inc., 90 F. Supp.904, 908 (S.D. Cal. 1950) ("I do not believe that the Supreme Court intended the decision in [INS] to apply to appropriations of a different character.") (citing Cheney case);
Triangle Pubs., Inc. v. New England Newspaper Pub. Co., 46 F. Supp.198, 203 (D. Mass. 1942) ("The courts of Massachusetts, perhaps mindful of the views held by the Massachusetts brethren on the Supreme Court of the United States, perhaps from their general hostility to new trends in the law of torts, and perhaps observing that the federal courts now seem to feel Mr. Justice Pitney's dicta went too far in [INS]." But see Mercury Record Productions, Inc. v. Economic Consultants, Inc., 64 Wis.2d 163, 182, 218 N.W.2d 705 (1974) (rejecting "the line of precedents originating with Judge Learned Hand").
See the Columbia Symposium, Product Simulation: A Right or a Wrong, 64 Columb. L. Rev. 1178 (1964), for a group of articles on INS and related case law. See also Dennis Karjala, Misappropriation As A Third Intellectual Property Paradigm, 94 Colum. L. Rev. 2594 (1994) (arguing for application of INS misappropriation doctrine to data retrieval systems); Leo J. Raskind, The Misappropriation Doctrine As A Competitive Norm of Intellectual Property Law, 75 Minn. L. Rev. 875 (1991) (criticizing misappropriation doctrine); Richard H. Stern & Joel E. Hoffman, Public Injury and the Public Interest: Secondary Meaning in the Law of Unfair Competition, 110 U. Pa. L. Rev. 935, 966-971 (1962) (arguing that misappropriation doctrine is anticompetitive and too vague to serve any predictive function).
