PLAYBOY ENTERPRISES, INC. v. CHUCKLEBERRY PUB., INC.

No. 503, Docket 81-7527.

687 F.2d 563 (1982)

PLAYBOY ENTERPRISES, INC., Plaintiff-Appellee, v. CHUCKLEBERRY PUBLISHING, INC., Publishers Distributing Corporation, Arcata Publications Group, Inc., Defendants, Tattilo Editrice Spa, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 3, 1982.


Attorney(s) appearing for the Case

Richard H. Waxman, New York City (Goldschmidt, Fredericks & Oshatz, Barry I. Fredericks, New York City, of counsel), for defendant-appellant.

William F. Dudine, Jr., New York City (Darby & Darby, David R. Francescani, Ethan Horwitz, New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.


LUMBARD, Circuit Judge:

Tattilo Editrice SPA ("Tattilo SPA"), an Italian corporation which, since 1967, has published in Italy a male sex-oriented magazine entitled "Playmen," appeals from an order of the District Court for the Southern District, Sofaer, J., permanently enjoining its use in the United States of the mark "Playmen" in a title or subtitle for a sex-oriented magazine. Plaintiff Playboy Enterprises, Inc. ("Playboy Enterprises"), publisher of PLAYBOY magazine...

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