Hmh Publishing Co., Inc., a Delaware Corporation, and Playboy Clubs International, Inc., a Delaware Corporation v. Douglas Lambert
Opinion
Opinion
Trask, J.
This is an appeal from an action for trademark infringement and unfair competition arising from defendant-ap-pellees’ alleged infringement of plaintiff-appellants’ marks “Playboy,” “The Playboy Club” and “Playmate.” Plaintiffs’ complaint sought to enjoin the use of the names “Playgirl,” “Playgirl Club” and “Playgirl Key Club” by the appel-lees in their promotion and operation of nightclub-bars in the Los Angeles area, and to recover damages for alleged acts of unfair competition.
The case was tried without a jury and the district court entered a judgment for defendants on all counts. Jurisdiction of the district court was based on 15 U.S.C. § 1121 , the Lanham TradeMark Act, 15 U.S.C. §§ 1051-1127 , and on 28 U.S.C. § 1332 , diversity of citizenship.
Plaintiffs are HMH Publishing Co., Inc. (HMH) and Playboy Clubs International, Inc. (PCI), corporations organ ized and existing under the laws of Delaware, with their principal offices and places of business in Illinois. The individual defendants, Douglas Lambert and John Andrews, are residents of California, and the corporate defendant, Playgirl Key Club, Inc., was organized and exists under its laws.