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D C COMICS, INC. v. POWERS

No. 78 Civ. 4597 (KTD).

465 F.Supp. 843 (1978)

D C COMICS, INC., Plaintiff, v. Jerry POWERS, Michael Barkow, the Daily Planet, Inc., and Future Development Merchandising, Inc., Defendants.

United States District Court, S. D. New York.

December 7, 1978.

Attorney(s) appearing for the Case

Weiss, David, Fruss & Lehrman, New York City, Cowan, Liebowitz & Latman, New York City, for plaintiff; Michael Davis, New York City, Carol F. Simkin, Mitchell Alan Frank, New York City, of counsel.

David S. Fitzpatrick, Michael F. Schwartz, New York City, for defendants Jerry Powers and The Daily Planet, Inc.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge:

This is a trademark action involving use of the name Daily Planet both as the title of a news publication and in connection with a myriad of consumer products. Plaintiff, D C Comics, Inc., charges that the continued use of the name Daily Planet by defendants, the Daily Planet, Inc. and its President, Jerry Powers,1 is violative of § 43(a) of the Lanham Act, 15 U.S.C....

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