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VIDEO PIPELINE v. BUENA VISTA HOME ENTERTAINMENT

Civil No. 00-5236 (JBS).

192 F.Supp.2d 321 (2002)

VIDEO PIPELINE, INC., Plaintiff, v. BUENA VISTA HOME ENTERTAINMENT, INC., Defendant. Buena Vista Home Entertainment, Inc., and Miramax Film Corp., Counterclaim-Plaintiffs, v. Video Pipeline, Inc., Counterclaim-Defendant.

United States District Court, D. New Jersey.

March 28, 2002.

Attorney(s) appearing for the Case

Gary D. Fry, Paul R. Fitzmaurice, Pelino & Lentz, P.C., Philadelphia, PA, Attorneys for Plaintiff Video Pipeline, Inc.

Gary A. Rosen, Patrick M. Madamba, Jr., Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA, Attorneys for Defendant Buena Vista Home Entertainment, Inc.

Douglas J. Katich, Katich, Werse & Petillo, Fair Haven, NJ, and John T. Mitchell, Alan R. Malasky, Seyfarth Shaw, Washington, DC, Attorneys for Amici Curiae Video Software Dealers Association and National Association of Recording Merchandisers, Inc.

Jon A. Baumgarten, Marvin M. Goldstein, Proskauer Rose, LLP, Newark, NJ, Attorneys for Amicus Curiae Motion Picture Association of America, Inc.

OPINION

SIMANDLE, District Judge.

This case involves the intersection of the motion picture and video retailing industries, and the emerging commercial enterprise of Internet sales. Motion pictures have traditionally been promoted through the use of "trailers," which are short previews of the movies, usually created by the film studios. The same is true of the promotion of home videos of such motion...

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