Does the complainant have to prove that they have never intended to capitalize on the use of the name "Angelo Maggio"?

"New York", United States of America

The following excerpt is from People v. Scribner's Sons, 205 Misc. 818 (N.Y. Dist. Ct. 1954):

circulation as the reference to "Angelo Maggio", in good faith and total innocence. Therefore, the complainant has not, as to them, established the intent to capitalize on the use of his name, which is a vital ingredient of the crime charged. (Nebb v. Bell Syndicate, supra.)

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