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HOME BOX OFFICE v. SHOWTIME/THE MOVIE CHANNEL

Nos. 349, 376, Dockets 87-7640, 87-7716.

832 F.2d 1311 (1987)

HOME BOX OFFICE, INC., Plaintiff-Appellant-Cross-Appellee, v. SHOWTIME/THE MOVIE CHANNEL INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 3, 1987.

Attorney(s) appearing for the Case

John E. Nathan, New York City (Fish & Neave, New York City, Vincent N. Palladino, Susan Progoff, Lisa E. Cristal, Home Box Office, Inc., New York City, Thomas M. Woodbury, Harold E. Akselrad, of counsel), for plaintiff-appellant-cross-appellee.

Richard Z. Lehv, New York City (Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City, Janet L. Hoffman, Stephen F. Mohr, of counsel), for defendant-appellee-cross-appellant.

Before LUMBARD, OAKES and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff Home Box Office (HBO) appeals from an order of the Southern District of New York by Judge Richard J. Daronco denying a motion brought by HBO for a preliminary injunction and instead granting a limited injunction. HBO began this action by seeking an injunction against defendant Showtime to prevent Showtime from using certain slogans in an advertising and promotional campaign for Showtime's cable television services. On July 15, 1987...

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