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Remedies Keyed to Kovacic-Fleischer, 8th
Cancer Research Institute, Inc. v. Cancer Research Society, Inc.
Citation:
744 F. Supp. 526 (1990)Facts
The Court previously issued a permanent injunction on April 29, 1988, prohibiting defendant from listing itself in telephone directories under the name Cancer Research Society and requiring defendant to notify publishers by June 1, 1988, to delete existing listings. Plaintiff subsequently discovered at least 66 instances where the prohibited listing appeared in directories published between September 1988 and October 1989. Defendant had delegated compliance to its advertising agency, American Ad Management (AAM), which did not mail most cancellation notices until late August 1988, with some sent as late as September 1989. Defendant provided no follow-up supervision to ensure AAM’s compliance and only learned of the violations when plaintiff filed its contempt motion. The survey of directory publishers revealed that 33 directories had no record of cancellation orders, and five received cancellation orders 18 days to four months after their deadlines. Defendant eventually achieved compliance in current 1989-1990 directories but failed to timely comply with the original injunction.
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