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Playboy Enterprises v. Chuckleberry Publishing

United States District Court for the Southern District of New York
939 F.Supp. 1032 (1996)


Facts

Playboy Enterprises, Inc. (plaintiff) published the adult magazine Playboy. Tattilo Editrice, S.p.A. (defendant) began publishing an adult magazine in Italy using the title Playmen. When Tattilo made plans to distribute the magazine to the United States, Playboy sued Tattilo for trademark infringement, among other claims. In 1981, the district court issued a permanent injunction prohibiting Tattilo from using the name Playmen in connection with an English language publication or related products in the United States. Tattilo began operating a website using its Playmen name, playmen.it. Tattilo used Italian servers to operate the site. Although much of the website was in Italian, the website contained sufficient English instructions to enable an English speaker to sign up for the site by requesting a username and password. Once subscribed, users could download pictures from the website directly to their computers. Playboy filed a motion for contempt, alleging that Tattilo violated the injunction.

Rule of Law

Issue

Holding and Reasoning (Scheindlin, J.)

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