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DC COMICS, INC. v. POWERS

78 Civ. 4597 (KTD).

482 F.Supp. 494 (1979)

DC COMICS, INC., Plaintiff, v. Jerry POWERS, Michael Barkow, the Daily Planet, Inc., and Future Developments Merchandising, Inc., Defendants.

United States District Court, S. D. New York.

November 20, 1979.

Attorney(s) appearing for the Case

Weiss, Dawid, Fross, Zelnick & Lehrman, New York City, for plaintiff; Cowan, Liebowitz & Latman, P.C., New York City, of counsel.

David S. Fitzpatrick, New York City, for defendant the Daily Planet, Inc., of counsel.

Jerry Powers, pro se.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

The plaintiff, DC Comics, commenced this action in September, 1978, charging that the defendants, the Daily Planet, Inc. and its president Jerry Powers, had infringed upon its common law trademark — the Daily Planet. Thereafter, the plaintiff sought, and was granted, an order expediting discovery to determine whether or not a preliminary injunction would be sought. Soon after being deposed the...

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