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WALDMAN PUB. CORP. v. LANDOLL, INC.

No. 477, Docket 94-7428.

43 F.3d 775 (1994)

WALDMAN PUBLISHING CORP. and Playmore Inc., Publishers, Plaintiffs-Appellees, v. LANDOLL, INC., Defendant-Appellant, Martin Myers & James Landoll, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Robert L. Epstein, New York City (Harold James, James and Franklin, of counsel), for defendant-appellant.

Charles Guttman, Mineola (Loretta Gastwirth, Danielle Laibowitz, Meltzer, Lippe, Goldstein, Wolf, Schlissel & Sazer, P.C., of counsel), for plaintiffs-appellees.

Before: OAKES, KEARSE and PRATT, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal presents the issue whether the prohibition of "false designation of origin" in section 43(a) of the Lanham Act of 1946, 15 U.S.C. § 1125(a) (Supp. IV 1992) ("section 43(a)"), applies to a misattribution of authorship of a written work. The issue arises on the appeal of defendant Landoll, Inc. ("Landoll") from two orders of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., ...

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