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MERIT PUBLICATIONS, INC. v. COMPACT PUB. INC.

No. 81-883.

411 So.2d 312 (1982)

MERIT PUBLICATIONS, INC., a Florida Corporation, Appellant, v. COMPACT PUBLICATIONS, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

March 23, 1982.

Attorney(s) appearing for the Case

Heller & Kaplan and Daniel Neal Heller, Miami, for appellant.

Levine, Reckson, Reed & Geiger, Miami, for appellees.

Before HENDRY, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

The partial summary judgment entered in favor of the defendant Compact Publications, Inc., is reversed. Genuine and material issues of fact exist precluding the entry of summary judgment, Wills v. Sears, Roebuck & Company, 351 So.2d 29 (Fla. 1977), including (a) whether the defendant sought to "palm off" its books as plaintiff's; and (b) the likelihood of customer confusion between the two. See B.H. Bunn...

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