Metro Publishing, Ltd., a California Partnership v. San Jose Mercury News, a California Corporation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 has published the weekly tabloid Metro, billed as “Santa Clara Valley’s Weekly Newspaper,” since 1984. The paper is distributed free to the public every Thursday…
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