Welles

Playboy Enterprises, Inc. v. Welles

Good Law

7 F. Supp. 2d 1098·98 Daily Journal DAR 8613·1998 WL 329674·47 U.S.P.Q. 2d (BNA) 1186·1998 U.S. Dist. LEXIS 9180

United States District Court, Southern District of CaliforniaMay 21, 19983:98-cv-00413California4,351 words

Opinion

Keep, J.

AMENDED ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

. On February 27, 1998, plaintiff Playboy Enterprises, Inc. (PEI) filed a Complaint against defendant Terri Welles. The Complaint consists of five causes of action: 1) trademark infringement pursuant to 15 U.S.C. § 1114 (1); 2) false designation of origin and unfair competition under 15 U.S.C. § 1125 (a); 3) dilution of trademarks pursuant to 15 U.S.C. 1125(c); 4) trademark infringement and unfair competition under California common law; 5) unfair competition in violation of Cal.Bus. & Prof.Code § 17200, et seq.

On March 18, 1998, plaintiff filed a Motion for Preliminary Injunction. Defendant filed an Opposition on April 6,1998. Plaintiff filed its Reply on April 13,1998. The court heard oral arguments on April 20,1998.

1. BACKGROUND

The following background facts are taken from the parties’ contentions in their papers, but the court does not make any ultimate findings of fact with respect to this ease. Plaintiff Playboy Enterprises, Inc. (PEI) is an international publishing and entertainment company. Since 1953, PEI has published Playboy magazine, a widely popular magazine with approximately ten (10) million…

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