PLAYBOY ENTERPRISES, INC. v. DUMAS

No. 639, Dockets 94-7500L, 94-7542XAP.

53 F.3d 549 (1995)

PLAYBOY ENTERPRISES, INC. and Special Editions, Ltd., Plaintiffs-Counter-Defendants, Appellants-Cross-Appellees, v. Jennifer DUMAS and Jennifer Dumas, Inc., Defendants-Counter-Claimants, Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 5, 1995.


Attorney(s) appearing for the Case

Donald B. Verrilli, Jr., Washington, DC (Mark D. Harris, Jenner & Block, Washington, DC, Kenneth P. Norwick, Norwick & Schad, New York City, of counsel), for plaintiffs-counter-defendants, appellants-cross-appellees.

Roger L. Zissu, New York City (Lisa Pearson, Laurence S. Rickles, Weiss Dawid Fross Zelnick & Lehrman, P.C., of counsel), for defendants-counter-claimants, appellees-cross-appellants.

Alan J. Hartnick, New York City (Lawrence E. Abelman, Jeffrey A. Schwab, Nancy J. Mertzel, Abelman, Frayne & Schwab, of counsel), for Magazine Publishers of America, Inc., amicus curiae.

Charles D. Ossola, Alexandria, VA (Lowe, Price, LeBlanc & Becker, of counsel), for American Soc. of Media Photographers and Graphic Artists Guild, amici curiae.

Irwin Karp, Rye Brook, NY (John M. Kernochan, Law Office of Irwin Karp, of counsel), for Committee for Literary Property Studies, National Writers Union, and Volunteer Lawyers for the Arts, amici curiae.

Before: OAKES, CARDAMONE and WINTER, Circuit Judges.


OAKES, Senior Circuit Judge:

Appellants Playboy Enterprises, Inc. and Special Editions, Ltd. (collectively "Playboy") appeal from a judgment entered on April 20, 1994 in the United States District Court for the Southern District of New York, Charles H. Tenney, Judge, following a bench trial and the entry of two opinions, dated September 9, 1993 and December 20, 1993 and reported at 831 F.Supp. 295 and

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