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EDUCATIONAL TESTING SERVICES v. KATZMAN

No. 85-5613.

793 F.2d 533 (1986)

EDUCATIONAL TESTING SERVICES v. John KATZMAN, the Princeton Review, Inc., Robert S. Schekker and Pretest Review, Inc. Appeal of John KATZMAN and The Princeton Review, Inc.

United States Court of Appeals, Third Circuit.

Decided June 20, 1986.

Attorney(s) appearing for the Case

Arthur R. Miller (argued), Harvard Law School, Cambridge Mass., Melvin Greenberg, Edward Dauber, Greenberg, Dauber & Epstein, Newark, N.J., Allan R. Freedman, Madonna M. Malin, Robert J. Schechter, Gordon, Hurwitz, Butowsky, Weitzen, Shalov & Wein, New York City for appellants.

John L. McGoldrick, John F. Brenner, McCarter & English, Newark, New Jersey, Howard P. Willens (argued), John Rounsaville, Jr., Carol F. Lee, Thomas P. Olson, Wilmer, Cutler & Pickering, Washington, D.C., Jon A. Baumgarten, William F. Patry, Paskus, Gordon & Mandel, New York City, Stanford von Mayrhauser, Russell W. Martin, Educational Testing Service Princeton, N.J., for appellee.

Before WEIS and SLOVITER, Circuit Judges, and ZIEGLER, District Judge

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Educational Testing Service (ETS), a non-profit educational organization that prepares and administers numerous standardized tests, sought and was granted a preliminary injunction that enjoined defendants Princeton Review and John Katzman, its sole shareholder and president (collectively referred to as Review unless otherwise noted), from a wide range of activities involving ETS' tests and information therefrom...

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