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

Docket 80-7692.

701 F.2d 11 (1983)

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 January 12, 1983.

Attorney(s) appearing for the Case

Michael C. Silberberg, Geri S. Krauss, and Golenbock & Barell, New York City, submitted a brief for plaintiffs-appellees in support of the petition for rehearing.

William J. Davis, Schulman, Berlin & Davis, New York City, submitted a brief for defendants-appellants in opposition to the petition for rehearing.

Before MANSFIELD and NEWMAN, Circuit Judges, and CARTER, District Judge.

NEWMAN, Circuit Judge:

On June 29, 1981, this panel of the Court, by a divided vote, issued an opinion reversing the District Court's grant of summary judgment in favor of the plaintiffs-appellees and the issuance of a permanent injunction barring the defendants-appellants from marketing a poster depicting Elvis Presley. Factors, Etc., Inc. v. Pro Arts, Inc., 652 F.2d 278 (2d Cir.1981). The basis for that ruling, familiarity...

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