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HOME BOX OFFICE, INC. v. PAY TV OF GREATER N. Y.

No. 78 C 2693.

467 F.Supp. 525 (1979)

HOME BOX OFFICE, INC., Plaintiff, v. PAY TV OF GREATER NEW YORK, INC., Defendant, v. TIME, INCORPORATED, Time Television and Communications, Inc., American Television Communications Corporation, Inc., Microband National Systems, Inc. and Microband Corporation of America, Additional Defendants on Counterclaim.

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

March 22, 1979.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City (Robert D. Joffe, Calvin R. House, Marc J. Schiller and Rosalyn D. Young, New York City, of counsel), for plaintiff and for counterclaim defendants Time Inc., Time Television and Communications, Inc. and American Television Communications Corp., Inc.

Cowan, Liebowitz & Latman, P. C., New York City (Michael F. Maschio, Roger L. Zissu and Peter R. Porcino, New York City, of counsel), for defendant.

OPINION

NICKERSON, District Judge.

Plaintiff, a wholly owned subsidiary of Time Incorporated, moves for a temporary injunction in this action brought to recover damages and to restrain defendant permanently from "pirating" plaintiff's television program service and from infringing plaintiff's copyrights. Viewing the facts stated in the affidavits in the light most favorable to defendant, the court concludes that a preliminary injunction should issue.

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