and Independent to cease distribution and dissemination of the February, 1978 issue of Playgirl Magazine, to withdraw that issue from circulation and recover possession of all copies presently offered for sale, and to surrender to plaintiff any printing plates or devices used to reproduce the portrait complained of. Civ.P., directing defendants Playgirl, Inc.
Alleging that the publication of this picture constitutes, inter alia, a violation of his rights under Section 51 of the New York Civil Rights Law (McKinney 1976) and of his related common law "right of publicity", Ali now moves for a preliminary injunction pursuant to Rule 65, Fed.R. The portrait complained of depicts a nude black man seated in the corner of a boxing ring and is claimed to be unmistakably recognizable as plaintiff Ali. Plaintiff Muhammad Ali, a citizen of Illinois and until recently the heavyweight boxing champion of the world, has brought this diversity action for injunctive relief and damages against defendants Playgirl, Inc., a California corporation, Independent News Company ("Independent"), a New York corporation, and Tony Yamada, a California citizen, for their alleged unauthorized printing, publication and distribution of an objectionable portrait of Ali in the February, 1978 issue of Playgirl Magazine ("Playgirl"), a monthly magazine published by Playgirl, Inc., and distributed in New York State by Independent. Weil, Gotshal & Manges, New York City, for defendant Independent News Co. Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for defendant Playgirl, *725 Inc. *724 Freeman, Meade, Wasserman & Schneider, New York City, for plaintiff George Stiefel, New York City, of counsel. PLAYGIRL, INC., Tony Yamada and Independent News Company, Defendants.