ALLIED MARKETING GROUP, INC. v. CDL MARKETING, INC.

No. 88-1747.

878 F.2d 806 (1989)

ALLIED MARKETING GROUP, INC., d/b/a Sweepstakes Clearinghouse, Plaintiff-Appellee, v. CDL MARKETING, INC., Carl D. Landon and S & H Marketing Group, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 13, 1989.


Attorney(s) appearing for the Case

Bruce Longenecker, Dallas, Tex., for CDL & Landon.

Richard L. Schwartz, Glaser, Griggs & Schwartz, Dallas, Tex., for S & H.

P. Weston Musselman, William M. Parrish, Jenkins & Gilchrist, Dallas, Tex., for plaintiff-appellee.

Before WISDOM, KING and WILLIAMS, Circuit Judges.


KING, Circuit Judge:

S & H Marketing appeals from the order of the district court granting a preliminary injunction which precludes them from using promotional post card mailers which are "confusingly similar" to the copyrighted mailers of plaintiff Allied Marketing. For the reasons set forth below, we remand the case to the district court but leave the preliminary injunction in place on the condition that the district court issues a supplementary opinion explaining...

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