Opinion
No. 02 Civ. 3493 (LTS)(MHD)
June 13, 2002
ORDER GRANTING PRELIMINARY INJUNCTION
For the reasons set forth on the record of the hearing in this matter conducted before the undersigned on June 13, 2002, on the motion of Plaintiff Entertainment Weekly Inc. for a preliminary injunction, it is hereby
ORDERED, that Defendants Asante Kahari and Gutter Publications and their respective officers, agents, servants and employees, and all persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are hereby precluded from using "Niggertainment Monthly" as a title for a magazine in any format similar to that used by Plaintiff Entertainment Weekly, Inc. Such format includes, but is not limited to, use of such title in a portrait oriented layout with the word "Niggertainment" across the cover in a large lower case or upper and lower case sans serif type face; and it is further
ORDERED, that Defendants Asante Kahari and Gutter Publications Inc. and their respective officers, agents, servants and employees, and all persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, are hereby enjoined from referring orally or in writing to any alleged affiliation or connection between their magazine and AOL Time Warner Incorporated, Time Incorporated, or any of their subsidiaries or affiliates, including Plaintiff's Entertainment Weekly magazine, or suggesting in any way that there is, was, or will be any such affiliation or connection; and it is further
ORDERED, that the foregoing preliminary injunction shall take effect immediately and shall continued pending resolution of this case; and it is further
ORDERED, that in accordance with the provisions of Rule 65(c) of the Federal Rules of Civil Procedure, Plaintiff Entertainment Weekly Inc. shall post security in the amount of $10,000 (ten thousand dollars) by 5:00 p.m. on June 17, 2002, in connection with the preliminary injunction hereby issued.