Legal Opinion

Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc.

District Court, S.D. California

Decided April 29, 1996No. 96-0302 J (RBB)PublishedCited by 28 opinions

1Opinion of the Court

ORDER MODIFYING PRELIMINARY INJUNCTION

JONES, District Judge.

1. INTRODUCTION

Defendant Alan Katz conceived and wrote The Cat Not in the Hat! A Parody by Dr. Juice, a work poised to supply a “fresh new look” at the O.J. Simpson double-murder trial. Katz’s rhymes, the illustrations provided by Chris Wrinn, and the book’s packaging by the manufacturer defendants 1 (the individual and corporate defendants are referred to collectively hereinafter as “Penguin”) mimic the distinctive style of the family of works created by Theodor S. Geisel, better known as Dr. Seuss. 2

Dr. Seuss’s works are designed…

2Cases cited46 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  3. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  4. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  5. Cohen v. CaliforniaSupreme Court of the United States · 1971

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3Cited by28 opinions

  1. A&M Records, Inc. v. Napster, Inc.Court of Appeals for the Ninth Circuit · 2001
  2. Panavision International, L.P. v. ToeppenDistrict Court, C.D. California · 1996
  3. Teletech Customer Care Management (California), Inc. v. Tele-Tech Co.District Court, C.D. California · 1997
  4. Genovese Drug Stores, Inc. v. TGC Stores, Inc.District Court, D. New Jersey · 1996
  5. Perfect 10 v. Google, Inc.District Court, C.D. California · 2006

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