American Brands, Inc. v. Playgirl, Inc.

498 F.2d 947 (2d Cir. 1974)

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Nature of the Case

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Facts

American (P) contracted for advertising on the back cover of Playgirl (D) magazine. The contract gave P the right to buy this space for as long as it desired. D canceled the contract, and P sued for injunctive relief; the magazine was unique and irreparable harm could be avoided only with specific performance. The trial court denied P the relief it sought. The court observed that D is not unique. The court placed great emphasis on the failure of P to establish that its injury was not compensable by an award of monetary damages. P appealed.