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SCHOLASTIC, INC. v. MACMILLAN, INC.

No. 86 Civ. 4007 (JEL).

650 F.Supp. 866 (1987)

SCHOLASTIC, INC., Plaintiff, v. MACMILLAN, INC. and Macmillan Book Clubs, Inc., Defendants.

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

January 5, 1987.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for plaintiff; James M. Rhodes, Jr., Jeffrey Steen, of counsel.

Robin, Blecker & Daley, Jan Constantine, Macmillan, Inc., New York City, for defendants; Albert Robin, Howard B. Barnaby, of counsel.

OPINION

LUMBARD, Circuit Judge:*

Plaintiff Scholastic, Inc., initiated this action against defendants Macmillan, Inc., and Macmillan Book Clubs, Inc., alleging trademark infringement under the Lanham Act, 15 U.S.C. §§ 1051 et seq., false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), unfair competition, and illegal dilution under Section 368-d of the New York General Business...

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