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CLIFFS NOTES, INC. v. BANTAM DOUBLEDAY DELL PUB. GROUP, INC.

No. 389, Docket 89-7774.

886 F.2d 490 (1989)

CLIFFS NOTES, INC., Plaintiff-Appellee, v. BANTAM DOUBLEDAY DELL PUBLISHING GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 5, 1989.

Opinion Filed September 22, 1989.

Attorney(s) appearing for the Case

Gregory L. Diskant, New York City (Patterson, Belknap, Webb & Tyler, Barbara A. McCormick, Harriette K. Dorsen, Katherine Trager, Bantam Doubleday Dell Pub. Group, Inc., of counsel), for defendant-appellant.

William M. Hart, New York City (Milgrim Thomajan & Lee P.C., Alfred T. Lee, of counsel), for plaintiff-appellee.

Weil, Gotshal & Manges, New York City (R. Bruce Rich, Linda Steinman, of counsel), for The Ass'n of American Publishers, Inc., amicus curiae.

Before FEINBERG and NEWMAN, Circuit Judges, MISHLER, District Judge.

FEINBERG, Circuit Judge:

Defendant Bantam Doubleday Dell Publishing Group, Inc. appeals from an order, dated August 2, 1989, of the United States District Court for the Southern District of New York, Shirley Wohl Kram, J., enjoining defendant-appellant from distributing Spy Notes, a parody of the Cliffs Notes series of paperback books published by plaintiff-appellee Cliffs Notes, Inc.1 This appeal raises basic questions over application...

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