Merit Publications, Inc. v. Compact Publications, Inc.

The partial summary judgment entered in favor of the defendant Compact Publications, Inc., is reversed. Genuine and material issues of fact exist precluding the entry of summary judgment, Wills v. Sears, Roebuck & Company, 351 So.2d 29 (Fla.1977), including (a) whether the defendant sought to “palm off” its books as plaintiff’s; and (b) the likelihood of customer confusion between the two. See B. H. Bunn Co. v. AAA Replacement Parts Co., 451 F.2d 1254 (5th Cir. 1971); Harlequin Enterprises Ltd. v. Gulf & Western Corp., 503 F.Supp. 647 (S.D.N.Y.1980), aff’d, 644 F.2d 946 (2d Cir. 1981);…