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McGRAW-HILL CO. v. RANDOM HOUSE

32 Misc.2d 704 (1962)

McGraw-Hill Book Company, Inc., et al., Plaintiffs, v. Random House, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

February 7, 1962

Attorney(s) appearing for the Case

White & Case (Chester Bordeau and Charles C. Humpstone of counsel), for McGraw-Hill Book Company, Inc., plaintiff. De Witt, Nast & Diskin (Thomas A. Diskin, William E. Flannery and Robert O. Donnelly of counsel), for Fawcett Publishing Company, Inc., plaintiff. Weil, Gotshal & Manges (Horace S. Manges, Jacob F. Raskin and Marshall C. Berger of counsel), for Random House, Inc., defendant. Richard T. Gallen, for Dell Publishing Co., Inc., defendant.

ABRAHAM J. GELLINOFF, J.

Plaintiffs in this action move for an order pendente lite enjoining the defendants from publishing, selling, distributing and advertising a book entitled "John F. Kennedy and PT-109". Plaintiffs contend that the use of that title constitutes unfair competition with them in their sale and distribution of a book entitled "PT 109 John F. Kennedy in World War II". "PT" means "patrol...

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