Brincat

FINDINGS OF FACT CONCLUSIONS OF LAW AND JUDGMENT

This case having come on for trial and the Court having heard testimony, the oral arguments of counsel and having considered the memoranda submitted by the parties, hereby Finds and Concludes as follows:

FINDINGS OF FACT

A. Parties and Jurisdiction

1. Plaintiff, HMH Publishing Co. Inc. (hereinafter called “HMH” or “plaintiff” is a corporation organized and existing under the laws of the State of Delaware with its principal offices and place of business in the City of Chicago, Illinois. HMH is the successor by merger to the assets, business and goodwill of its corporate predecessor, HMH Publishing Co. Inc., an Illinois corporation. After this litigation commenced HMH changed its corporate name to Playboy Enterprises, Inc. References herein to HMH or plaintiff are references to said plaintiff, its corporate predecessor or to Playboy Enterprises, Inc., depending upon the context. Plaintiff Playboy Clubs International, Inc. (“PCI”) is a corporation organized and existing under the laws of the State of Delaware with its principal office and place of business in Chicago, Illinois. PCI is a wholly owned subsidiary of Playboy…