PLAYBOY ENTERPRISES, INC.

v.

UNIVERSAL TEL-A-TALK, INC., ADULT DISCOUNT TOYS, and STANLEY HUBERMAN

Civil Action No. 96-6961
November 2, 1998
Filed: November 3, 1998

MEMORANDUM OF DECISION

AND NOW, this 2nd day of November 1998, in accordance with the Findings of Fact and Conclusions of Law filed herewith, it is hereby ORDERED: 1. Defendants, Tel-A-Talk and Stanley Huberman, their agents, servants, employees, successors, attorneys, and all those subject to their control are hereby ENJOINED from using the PLAYBOY trademarks or any colorable facsimile thereof in connection with their business, products, services or Web site and from providing a link to Plaintiff’s Web site “Playboy.com.”

2. Defendants, their agents, emplyees, successors, attorneys and alI persons in active concert and participation with it or them, are hereby ENJOINED from:

(a) using in any manner the PLAYBOY Trademarks or any term or terms likely to cause confusion therewith as Defendants’ domain name, directory, or other such computer address, as the name of their Web site service, on their home page, on computer diskettes or in connection with the retrieval of data or information or on other goods or services, or promotion thereof so long as such goods or services do not emanate from or originate with PEI;

(b) using any manner the PLAYBOY Trademarks in connection with Defendants’ goods or services in such a manner that is likely to create an erroneous belief that said goods or services are authorized by, sponsored bp, licensed by or are in some way associated with PEI;

(c)disseminating, using or distributing in any Web site pages or other promotional materials whose appearance so resembles the Web site pages used by PEI as to create a likelihood of confusion, mistake or deception; or

(d) linking Defendants’ Web site or services to PEI’s Web site at “Playboy.com”; e) otherwise engaging in any other acts or conduct which would cause consumers to erroneously believe that Defendants’ goods or services are somehow sponsored by,  authorized  by,  licensed by, or in any other way asaassociated with PEI.

3. Defendants, their officers, agents, servants, employees, attorneys, parent companies, subsidiaries and related companies and all persons acting for, with, by, through or under them, are ENJOINED from diluting the distinctive quality of the PLAYBOY Trademarks.

BY THE COURT

JOSEPH L. McGLYNN, JR.

ENTERED: 11/4/98
CLERK OF COURT