Cowles Magazines & Broadcasting, Inc. v. Elysium, Inc.

Elysium, Inc. (“Elysium”), appeals from an order granting the motion of Cowles Magazines and Broadcasting, Inc. (“Cowles”), for a preliminary injunction preventing Elysium from using the name “Nude Look” as the title of its magazine on the ground that the public was likely to confuse “Nude Look” with Cowles’s “Look” magazine and to associate Cowles as publisher of 1 ‘ Look ’ ’ with the publication of ‘ ‘ Nude Look. ’ ’

Elysium contends that the trial court abused its discretion in issuing the injunction because the evidence was insufficient as a matter of law to sustain a cause of action for…