Legal Opinion

Harlequin Enterprises Limited v. Gulf & Western Corporation

Court of Appeals for the Second Circuit

Decided March 25, 1981No. 532, Docket 80-7770PublishedCited by 115 opinions

1Opinion of the Court

LUMBARD, Circuit Judge:

Defendant appeals from a preliminary injunction order entered by Judge Owen of the Southern District of New York. The order directs Simon & Schuster, a division of the defendant, to cease using the cover format it had adopted for a new series of romance novels titled “Silhouette Romance.” Judge Owen granted this relief on the ground that the “Silhouette Romance” cover design infringes upon that of the “Harlequin Presents” romance novel series sold by plaintiff Harlequin Enterprises Limited (“Harlequin”) in violation of § 43(a) of the Lanham Act, 15 U.S.C, § 1125(a). He…

2Cases cited4 opinions

  1. Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
  2. Perfect Fit Industries, Inc. v. Acme Quilting Co., Inc.Court of Appeals for the Second Circuit · 1980
  3. Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
  4. Rjr Foods, Inc. v. White Rock Corp. And White Rock Products Corp.Court of Appeals for the Second Circuit · 1979

3Cited by115 opinions

  1. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  2. Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
  3. Centaur Communications, Limited v. A/s/m Communications, Inc.Court of Appeals for the Second Circuit · 1987
  4. Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
  5. Landscape Forms, Inc. v. Columbia Cascade CompanyCourt of Appeals for the Second Circuit · 1997

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