FACTORS ETC., INC. v. PRO ARTS, INC.

No. 655, Docket 77-7544.

579 F.2d 215 (1978)

FACTORS ETC., INC. and Boxcar Enterprises Inc., Plaintiffs-Appellees, v. PRO ARTS, INC. and Stop and Shop Companies, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 27, 1978.


Attorney(s) appearing for the Case

Raymond E. Scott, Detroit, Mich. (Ralph T. Rader, Burke, Va., Cullen, Settle, Sloman & Cantor, Detroit, Mich., Kane, Dalsimer, Kane, Sullivan & Kurucz, Joseph C. Sullivan, and John F. Boyle, New York City, of counsel), for defendants-appellants.

Michael C. Silberberg, New York City, and Arthur Fields, Beverly Hills, Cal. (Ervin, Cohen & Jessup, Beverly Hills, Cal., of counsel and Golenbock & Barell, New York City), for plaintiffs-appellees.

Before WATERMAN, INGRAHAM and MANSFIELD, Circuit Judges.


INGRAHAM, Circuit Judge:

Plaintiffs-Appellees, Factors Etc., Inc. (Factors) and Boxcar Enterprises, Inc. (Boxcar), sued Defendants-Appellants, Pro Arts, Inc. (Pro Arts) and Stop and Shop Companies, Inc. (Stop and Shop), for injunctive relief and damages based upon defendants' alleged misappropriation and unauthorized use of the name and likeness of Elvis Presley (Presley). The trial court granted the plaintiffs' preliminary injunction upon its findings that the exclusive...

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