HMH PUBLISHING CO., INC. v. LAMBERT

No. 71-2007.

482 F.2d 595 (1973)

HMH PUBLISHING CO., INC., a Delaware corporation, and Playboy Clubs International, Inc., a Delaware corporation, Plaintiffs-Appellants, v. Douglas LAMBERT et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 10, 1973.


Attorney(s) appearing for the Case

R. Dickey Hamilton (argued), Paul P. Selvin, Los Angeles, Cal., Devoe, Shadur, Plotkin, Krupp & Miller, Chicago, Ill., Selvin & Cohn, Los Angeles, Cal., James T. Fousekes, Esq., San Francisco, Cal., for plaintiffs-appellants.

Harry L. Gershon (argued), Kenneth C. Rollston, Robert L. Hitchcock, of Richards, Watson & Dreyfuss, Conrad Solum, of Lyon & Lyon, Los Angeles, Cal., for defendants-appellees.

Before HUFSTEDLER, TRASK and WALLACE, Circuit Judges.


TRASK, Circuit Judge:

This is an appeal from an action for trademark infringement1 and unfair competition2 arising from defendant-appellees' alleged infringement of plaintiff-appellants' marks "Playboy," "The Playboy Club" and "Playmate." Plaintiffs' complaint sought to enjoin the use of the names "Playgirl," "Playgirl Club" and "Playgirl Key Club" by the appellees in their promotion and operation of nightclub...

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