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GORDON AND BREACH SCIENCE PUBLISHERS S.A. v. AMERICAN INSTITUTE OF PHYSICS

Nos. 97-9229, 98-7101.

166 F.3d 438 (1999)

GORDON AND BREACH SCIENCE PUBLISHERS S.A., Harwood Academic Publishers GMBH, and OPA (Overseas Publishing Association) Amsterdam BV, Plaintiffs-Appellants-Cross-Appellees, v. AMERICAN INSTITUTE OF PHYSICS and American Physical Society, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 25, 1999.

Attorney(s) appearing for the Case

Sheldon H. Elsen, Orans, Elsen & Lupert (Leslie A. Lupert, Robert L. Plotz, Peter E. Seidman, Peter A. Adelman, of counsel), New York, New York, for Plaintiffs-Appellants-Cross-Appellees.

Richard A. Meserve, Covington & Burling (Jeffrey G. Huvelle, Thomas L. Cubbage III, Karen W. Kramer, of counsel), Washington, D.C., for Defendants-Appellees-Cross-Appellants.

Ritchie T. Thomas, Squire, Sanders & Dempsey (Glenn M. Young, William C. O'Neill, of counsel), Washington, D.C., for Amici Curiae American Library Association, Association of Research Libraries, and Special Libraries Association.

Before: WINTER, Chief Judge, VAN GRAAFEILAND, and KEARSE, Circuit Judges.

PER CURIAM.

Gordon and Breach Science Publishers et al. (G & B) appeal from an adverse judgment following a bench trial before Judge Sand. We affirm for substantially the reasons stated by the district court in its opinion holding that appellees did not violate Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). See OPA (Overseas Publishing Ass'n) Amsterdam BV v. American Institute of Physics, 973 F.Supp. 414...

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