MERRIAM-WEBSTER, INC. v. RANDOM HOUSE, INC.

Nos. 959, 960, 961 and 962, Dockets 93-7276, 93-7362, 93-7728 and 93-7776.

35 F.3d 65 (1994)

MERRIAM-WEBSTER, INC., Plaintiff-Appellee-Cross-Appellant, v. RANDOM HOUSE, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 9, 1994.


Attorney(s) appearing for the Case

Robert G. Sugarman, Weil, Gotshal & Manges, New York City (Nancy Scherer, Lori Pines, Weil, Gotshal & Manges, Ellis B. Levine, Diana R. Frost, Random House, Inc., Ralph P. Huber, Pamela A. Rask, Sabin Bermant & Gould, of counsel), for defendant-appellant-cross-appellee.

Lile H. Deinard, Schreiber, Simmons, MacKnight & Tweedy, New York City (Alan N. Sutin, Brian D. Graifman, Schreiber, Simmons, MacKnight & Tweedy, of counsel), for plaintiff-appellee-cross-appellant.

Before: MESKILL, WINTER, and PRATT, Circuit Judges.


WINTER, Circuit Judge:

Random House, Inc. appeals from Judge McKenna's order granting a permanent injunction under the Lanham Act § 43(a), 15 U.S.C. § 1125(a) (1988), against infringement of Merriam-Webster, Inc.'s trade dress for the dust jackets of its dictionaries. We hold that, as a matter of law, no confusion or likelihood of confusion exists between the respective jackets. We also hold there is no dilution under New York law of either Merriam-Webster...

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