WGBH EDUCATIONAL FOUND. v. PENTHOUSE INTERN.

No. 78 Civ. 2296 (RLC).

453 F.Supp. 1347 (1978)

WGBH EDUCATIONAL FOUNDATION, INC., Plaintiff, v. PENTHOUSE INTERNATIONAL LTD. and Nova Publications, Ltd., Defendants.

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

July 24, 1978.


Attorney(s) appearing for the Case

Darby & Darby, P.C., New York City, by William F. Dudine, Jr., and David R. Francescani, New York City, for plaintiff; Csaplar & Bok, Boston, Mass., Peter W. Bradbury, Arnold P. Messing and Marsha C. Macey, Boston, Mass., of counsel.

Watson, Leavenworth, Kelton & Taggart, New York City, by Stevan J. Bosses and Thomas V. Heyman, New York City, for defendants; Albert Robin, New York City, of counsel.


OPINION

ROBERT L. CARTER, District Judge.

Plaintiff, WGBH Educational Foundation, Inc. ("WGBH"), is a non-profit educational corporation operating several public television ("T.V.") and radio stations in the Commonwealth of Massachusetts. One of the T.V. shows it produces is Nova — a series of programs each of which is devoted to one aspect of science. The Nova series is designed to reach the general public. It attempts, and apparently has thus far...

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