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1 Dr. Seuss v. Penguin Books (9th Cir. 1997) O'SCANNLAIN, Circuit Judge: We must decide whether a poetic account of the O.J. Simpson double murder trial entitled The Cat NOT in the Hat! A Parody by Dr. Juice, presents a sufficient showing of copyright and trademark infringement of the well‐known The Cat in the Hat by Dr. Seuss. I Penguin Books USA, Inc. ("Penguin") and Dove Audio, Inc. ("Dove") interlocutorily appeal the district court's preliminary injunction prohibiting the publication and distribution of The Cat NOT in the Hat! A Parody by Dr. Juice, a rhyming summary of highlights from the O.J. Simpson double murder trial, as violating copyrights and trademarks owned by Dr. Seuss Enterprises, L.P. ("Seuss"), particularly from the book The Cat in the Hat. Seuss, a California limited partnership, owns most of the copyrights and trademarks to the works of the late Theodor S. Geisel, the author and illustrator of the famous children's educational books written under the pseudonym "Dr. ...