Home Box Office v. Showtime

832 F.2d 1311 (1987)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Home Box Office v. Showtime

United States Court of Appeals for the Second Circuit
832 F.2d 1311 (1987)

SC

Facts

Home Box Office (HBO) (plaintiff) and Showtime (defendant) competed in the subscription television industry. Showtime began an advertising campaign based around the slogan “SHOWTIME & HBO. It’s Not Either/Or Anymore.” Showtime sought to inform consumers that it had access to movies that HBO did not, and thus customers should subscribe to both. Thus, Showtime claimed its ad campaign actually sought to differentiate its service from that of HBO’s. Some of its advertising, but not all, contained disclaimers clarifying that HBO and Showtime were separate companies. HBO filed suit for trademark infringement. The district court granted HBO an injunction, enjoining any advertising using the slogan that did not contain a disclaimer. The court, however, permitted the slogan in any advertising that did contain a disclaimer. HBO appealed.

Rule of Law

Issue

Holding and Reasoning (Lumbard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership