OPA (OVERSEAS PUB. ASS'N) AMSTERDAM BV v. AMERICAN INSTITUTE OF PHYSICS

No. 93 Civ. 6656 LBS.

973 F.Supp. 414 (1997)

OPA (OVERSEAS PUBLISHING ASSOCIATION) AMSTERDAM BV, Harwood Academic Publishers GMBH and Gordon and Breach Science Publishers S.A., Plaintiffs, v. AMERICAN INSTITUTE OF PHYSICS and American Physical Society, Defendants.

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

August 26, 1997.


Attorney(s) appearing for the Case

Orans, Elsen & Lupert, LLP by Leslie A. Lupert, Robert L. Plotz, Peter E. Seidman, New York City, for Plaintiff.

Covington & Burling by Richard A. Meserve, Jeffrey G. Huvelle, Susan L. Burke, Washington, DC, for Defendant.


OPINION

SAND, District Judge.

Plaintiffs, affiliated commercial publishers of scientific journals, brought this action against defendants, not-for-profit physics societies. Plaintiffs seek to enjoin defendants from claiming in promotional materials that studies show defendants' physics publications, as measured by cost per printed character or cost per citation received within a particular timeframe, to be more "cost-effective" or "better bargains" than...

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