Legal Opinion

L.L. Bean, Inc. v. Drake Publishers, Inc.

Court of Appeals for the First Circuit

Decided February 12, 1987No. 19-1857PublishedCited by 104 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

Imitation may be the highest form of flattery, but plaintiff-appellee L.L. Bean, Inc., was neither flattered nor amused when High Society magazine published a prurient parody of Bean’s famous catalog. Defendant-appellant Drake Publishers, Inc., owns High Society, a monthly periodical featuring adult erotic entertainment. Its October 1984 issue contained a two-page article entitled “L.L. Beam’s Back-To-School-Sex-Catalog.” (Emphasis added.) The article was labelled on the magazine’s contents page as “humor” and “parody." The article displayed a facsimile of Bean’s…

2Cases cited40 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Cohen v. CaliforniaSupreme Court of the United States · 1971
  4. Winters v. New YorkSupreme Court of the United States · 1948
  5. Ohralik v. Ohio State Bar Assn.Supreme Court of the United States · 1978

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3Cited by104 opinions

  1. People for the Ethical Treatment of Animals v. DoughneyCourt of Appeals for the Fourth Circuit · 2001
  2. I.P. Lund Trading ApS v. Kohler Co.Court of Appeals for the First Circuit · 1998
  3. Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc. And Toyota Motor Corp.Court of Appeals for the Second Circuit · 1989
  4. Mattel, Inc. v. MCA Records, Inc.Court of Appeals for the Ninth Circuit · 2002
  5. Deere & Company v. Mtd Products, Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1994

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