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HARLEQUIN ENTERPRISES LTD. v. GULF & WESTERN CORP.

No. 80 Civ. 1639.

503 F.Supp. 647 (1980)

HARLEQUIN ENTERPRISES LIMITED, Plaintiff, v. GULF & WESTERN CORPORATION, Defendant.

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

As Amended September 15, 1980.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, Christine H. Miller, Thomas C. Morrison, W. B. McKeown, New York City, for plaintiff.

Proskauer Rose Goetz & Mendelsohn, by Ronald S. Rauchberg, David M. Rabinowitz, New York City, for defendant.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff Harlequin Enterprises Limited ("Harlequin") moves for a preliminary injunction enjoining Simon & Schuster, a division of defendant Gulf & Western Corporation, from an alleged infringement of a Harlequin book cover design and format in violation of the Lanham Act, 15 U.S.C. § 1125(a) and the New York unfair competition law. Harlequin is apparently the leading publisher of paperback romance...

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