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GORDON & BREACH SCIENCE PUBLISHERS v. AIP

No. 93 Civ. 6656 (LBS).

859 F.Supp. 1521 (1994)

GORDON AND BREACH SCIENCE PUBLISHERS S.A., STBS, Ltd., and Harwood Academic Publishers GMBH, Plaintiffs, v. AMERICAN INSTITUTE OF PHYSICS and American Physical Society, Defendants.

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

August 15, 1994.

Attorney(s) appearing for the Case

Orans, Elsen & Lupert (Sheldon H. Elsen, Leslie A. Lupert, Amelia A. Nickles, of counsel), New York City, for plaintiffs.

Covington & Burling (Richard A. Meserve, Bruce A. Baird, T. Jeremy Gunn, of counsel), Washington, DC, for defendants.

OPINION

SAND, District Judge.

This action, a dispute between publishers of scientific journals, raises an issue of first impression: whether a non-profit publisher may be sued for false advertising under the Lanham Act for publishing comparative surveys of scientific journals which, through the employment of a misleading rating system, rate its own publications as superior.

Plaintiffs Gordon and Breach Science Publishers S.A., STBS, Ltd., and Harwood...

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