Legal Opinion

Phantom Touring, Inc. v. Affiliated Publications

Court of Appeals for the First Circuit

Decided January 10, 1992No. 91-1590, 91-1741PublishedCited by 136 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

Appellant Phantom Touring Company produces a musical-comedy version of “The Phantom of the Opera” that is not the hugely successful, widely acclaimed Broadway show later created by Andrew Lloyd Webber. In a series of articles published in late 1989, the Boston Globe queried, in a disparaging tone, whether appellant’s advertising made the distinction between the two “Phantoms” clear to the ticket-buying public. Appellant sued for defamation, 1 claiming that the newspaper falsely accused it of a deliberate effort to pass off its show — dubbed the “Fake Phantom” — as…

2Cases cited14 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  3. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  4. Rosenblatt v. BaerSupreme Court of the United States · 1966
  5. Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988

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3Cited by136 opinions

  1. Brokers' Choice of America, Inc. v. NBC Universal, Inc.Court of Appeals for the Tenth Circuit · 2017
  2. Chapin v. Knight-Ridder, Inc.Court of Appeals for the Fourth Circuit · 1993
  3. Yasser Abbas v. Foreign Policy Group, LLCCourt of Appeals for the D.C. Circuit · 2015
  4. Dan E. Moldea v. New York Times CompanyCourt of Appeals for the D.C. Circuit · 1994
  5. Standing Committee on Discipline of the United States District Court for the Central District of California v. Stephen YagmanCourt of Appeals for the Ninth Circuit · 1995

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