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L.L. BEAN, INC. v. DRAKE PUBLISHERS, INC.

No. 86-1202, No. 86-1203.

811 F.2d 26 (1987)

L.L. BEAN, INC., Plaintiff, Appellee, v. DRAKE PUBLISHERS, INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 10, 1987.

As Amended February 12, 1987.

Attorney(s) appearing for the Case

Norman S. Beier with whom Lawrence E. Abelman, Abelman, Frayne, Rezac & Schwab, New York City, Elliott L. Epstein, Robert S. Hark and Isaacson, Hark & Epstein, Lewiston, Me., were on brief, for defendants, appellants.

George S. Isaacson with whom Alfred C. Frawley and Brann & Isaacson, Lewiston, Me., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Imitation may be the highest form of flattery, but plaintiff-appellee L.L. Bean, Inc., was neither flattered nor amused when High Society magazine published a prurient parody of Bean's famous catalog. Defendant-appellant Drake Publishers, Inc., owns High Society, a monthly periodical featuring adult erotic entertainment. Its October 1984 issue contained a two-page article entitled "L.L. Beam's Back-To-School-Sex-Catalog...

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