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Playboy Enterprises v. Chuckleberry Publishing

United States District Court for the Southern District of New York

939 F. Supp. 1032 (1996)

Relevant factsFree

After a 1981 permanent injunction barred Tattilo Editrice from using the name 'Playmen' in connection with any English-language publication or related products in the United States, Tattilo (defendant) later launched an Italian-hosted website, playmen.it, that was largely in Italian but included enough English instructions for English speakers to subscribe, receive a username and password, and download pictures directly to their U.S. computers. Playboy Enterprises (plaintiff) moved for civil contempt, alleging this violated the existing injunction.

IssueFree

Whether a court may hold a party in civil contempt where there is a clear and unambiguous court order, clear and convincing proof of noncompliance, and the party has not attempted to comply in a reasonably diligent manner.

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