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HMH PUBLISHING CO. v. PLAYBOY RECORDS

No. 57 C 2059.

161 F.Supp. 540 (1958)

HMH PUBLISHING CO., Inc., v. PLAYBOY RECORDS, Inc., John Carlo and James Dawson, d.b.a. Playboy Records.

United States District Court N. D. Illinois.

April 28, 1958.

Attorney(s) appearing for the Case

William J. Friedman, Maurice Rosenfield, Samuel W. Kipnis, Chicago, Ill., for plaintiff.

Panter, Esserman & Lehmann, Chicago, Ill., for defendants Playboy Records, Inc., and John Carlo.

JULIUS J. HOFFMAN, District Judge.

This is an action for trademark infringement and unfair competition, brought by HMH Publishing Co., Inc., against three defendants—Playboy Records, Inc., John Carlo and James Dawson. An order of default was entered against James Dawson on January 28, 1958, and the remaining two defendants have now filed a motion to strike the complaint on the ground that it is legally insufficient.

The complaint states that the plaintiff...

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