Penguin Books, USA, Inc. (defendant) published a book called The Cat NOT in the Hat! A Parody by Dr. Juice. The book was a satire of the O.J. Simpson murder trial, parodying the book The Cat in the Hat, which was written by Dr. Seuss. Dr. Seuss Enterprises, L.P. (plaintiff) owned the trademarks for the words “Dr. Seuss,” the words “Cat in the Hat,” and the drawing of the Cat character with his stove-pipe hat. Penguin’s book’s cover and back had an illustration of a person in a distinctive stovepipe hat that looked like the Cat’s hat. Dr. Seuss sued Penguin for trademark infringement. The district court found that many of the likelihood-of-confusion factors were indeterminate at that stage of the litigation, and granted Dr. Seuss a preliminary injunction on other grounds. Penguin appealed, arguing that regardless of a likelihood of confusion, its book was entitled to protection as a parody.