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PLAYBOY ENTERPRISES, INC. v. CHUCKLEBERRY PUB.

No. 79 Civ. 3525.

486 F.Supp. 414 (1980)

PLAYBOY ENTERPRISES, INC., Plaintiff, v. CHUCKLEBERRY PUBLISHING, INC., Tattilo Editrice Spa, Publishers Distributing Corporation, Arcata Publications Group, Inc., Defendants.

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

February 6, 1980.

Attorney(s) appearing for the Case

Darby & Darby, New York City, for plaintiff; William F. Dudine, Jr., David R. Francescani, George H. Wang, New York City, of counsel.

Kenyon & Kenyon, Goldschmidt, Fredericks, Kurzman & Oshatz, New York City, for defendants Chuckleberry Publishing, Inc. and Publishers' Distributing Corp.; Charles R. Brainard, Martin P. Michael, James Galbraith, Barry I. Fredericks, Lois C. Schlissel, New York City, of counsel.

SOFAER, District Judge:

This is an action for alleged trademark infringement and unfair competition arising out of defendants' proposed publication and distribution in the United States of a magazine entitled "PLAYMEN". The plaintiff, Playboy Enterprises, Inc. ("PEI") publishes the well-known male entertainment magazine, "PLAYBOY". The PLAYBOY mark is registered with the United States Patent Office for a variety of uses, including use for a monthly magazine.

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