Atlantic Monthly Company v. Frederick Ungar Publishing Co.

WEINFELD, District Judge.

The plaintiff is the publisher of the magazine “The Atlantic Monthly,” also known as “The Atlantic.” It also publishes books, alone or in cooperation with co-publishers, under the imprint “Atlantic Monthly Press.” It brings this action to enjoin the defendant from designating paperback books published by it as “Atlantic Paperbacks,” and from using or simulating the names “The Atlantic,” “The Atlantic Monthly” and “The Atlantic Monthly Press.” Plaintiff predicates its right to relief upon two claims: (1) trade-mark infringement under the Lanham Act. 1 and (2) unfair…