Playboy Enterprises v. Chuckleberry Publishing

939 F.Supp. 1032 (S.D. NY 1996)

Facts

Playboy (D) moved for a motion of contempt against D for operating an internet site from Italy under the Playmen label. P claims that D has violated a judgment entered June 26, 1981, enjoining it from publishing, printing, distributing or selling in the U.S an English language male sophisticate magazine under the name Playmen. P got a permanent injunction against D on April 1, 1981, and a judgment was entered on June 26, 1981. Italian courts ruled that Playboy was a weak mark and not entitled to protection in Italy. On January 22, 1996, P discovered that D had created an internet site using the Playmen name. Because of the internet, the site was widely available to citizens of the U.S. P sought relief by this motion for contempt.