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PHANTOM TOURING, INC. v. AFFILIATED PUBLICATIONS

Nos. 91-1590, 91-1741.

953 F.2d 724 (1992)

PHANTOM TOURING, INC., Plaintiff, Appellant, v. AFFILIATED PUBLICATIONS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 10, 1992.

Attorney(s) appearing for the Case

Ronald D. Barber with whom H. Yale Gutnick, Strassburger, McKenna, Gutnick & Potter, Pittsburgh, Pa., Dennis J. Kelly, and Burns & Levinson, Boston, Mass., were on brief, for plaintiff, appellant.

E. Susan Garsh with whom Jonathan M. Albano, Lisa A. Eichhorn, and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendants, appellees.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Phantom Touring Company produces a musical-comedy version of "The Phantom of the Opera" that is not the hugely successful, widely acclaimed Broadway show later created by Andrew Lloyd Webber. In a series of articles published in late 1989, the Boston Globe queried, in a disparaging tone, whether appellant's advertising made the distinction between the two "Phantoms" clear to the ticket-buying public. Appellant sued for...

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