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FACTORS ETC., INC. v. CREATIVE CARD CO.

No. 77 Civ. 4400 (CHT).

444 F.Supp. 279 (1977)

FACTORS ETC., INC. and Boxcar Enterprises, Inc., Plaintiffs, v. CREATIVE CARD COMPANY, the Postermat Inc., Special Card & Gift Mall, Inc., and the Card Center, Defendants.

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

October 12, 1977.

Attorney(s) appearing for the Case

Golenbock & Barell, New York City, Ervin, Cohen & Jessup, Beverly Hills, Cal., for plaintiffs.

Blum, Moscovitz, Friedman & Kaplan, New York City, for defendant Creative Card Co.; James K. Silberman, Steven B. Pokotilow, New York City, of counsel.

OPINION

TENNEY, District Judge.

Plaintiffs have moved this Court for a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure ("Rules") to restrain defendant Creative Card Company from the manufacture, distribution and sale of any poster or other commercially exploitive souvenir merchandise bearing the likeness of the late entertainer Elvis Presley. Plaintiffs claim possession of an exclusive right to that activity, based on a...

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