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GORDON & BREACH SCIENCE PUB. v. AM. INST. OF PHYS.

No. 93 Civ. 6656 (LBS).

905 F.Supp. 169 (1995)

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.

November 2, 1995.

Attorney(s) appearing for the Case

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

Covington & Burling, Washington, D.C., for Defendants (Richard A. Meserve and Philipp U. Tamussino, of counsel).

OPINION

SAND, District Judge.

This action, part of an ongoing dispute between publishers of scientific journals, explores the reach of the Lanham Act's false-advertising provision, Section 43(a), 15 U.S.C. § 1125(a) (amended 1992), specifically its application to a publisher's dissemination of a comparative survey of scientific journals, which, through the employment of an allegedly misleading rating system, rates the publisher's own journals as superior...

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