METRO PUB., LTD. v. SAN JOSE MERCURY NEWS

No. 91-16537.

987 F.2d 637 (1993)

METRO PUBLISHING, LTD., a California partnership, Plaintiff-Appellant, v. SAN JOSE MERCURY NEWS, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1993.


Attorney(s) appearing for the Case

John I. Alioto, Alioto & Alioto, San Francisco, CA, for plaintiff-appellant.

Kevin M. Fong, Pillsbury, Madison & Sutro, San Francisco, CA, for defendant-appellee.

Before: FLETCHER, REINHARDT and NOONAN, Circuit Judges.


FLETCHER, Circuit Judge:

In this trademark infringement action Metro Publishing ("Metro"), the publisher of the weekly tabloid Metro, a regular feature of which is a column called "Public Eye," appeals the district court's denial of its motion for a preliminary injunction to stop San Jose Mercury News ("Mercury News") from publishing a competing weekly tabloid called "eye." We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Appellant...

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