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eBook details

• Title: Waldman Publishing Corp. v. Landoll Inc.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 22, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

This appeal presents the issue whether the prohibition of "false designation of origin" in section 43(a) of the Lanham Act of 1946, 15 U.S.C. § 1125(a) (Supp. IV 1992) ("section 43(a)"), applies to a misattribution of authorship of a written work. The issue arises on the appeal of defendant Landoll, Inc. ("Landoll") from two orders of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge. The first, that of April 8, 1994, holds that plaintiffs Waldman Publishing Corp. ("Waldman") and Playmore Inc., Publishers ("Playmore") showed a likelihood of success on their claim that Landoll violated section 43(a) by publishing books substantially similar to those published by Waldman without designating Waldman as the source of the books. Waldman Publishing Corp. v. Landoll, Inc., 848 F. Supp. 498 (S.D.N.Y. 1994). The second, that of April 21, 1994, grants a preliminary injunction which, inter alia, prohibits Landoll from publishing or selling any books which copy to a substantial degree books published by Waldman and distributed by Playmore. We agree that Waldman has shown a likelihood of success on its claim that Landoll falsely designated the source of its books and that this false designation will cause consumer confusion. However, we remand for a determination of whether Waldman and Playmore can show irreparable economic harm from the false designation. The injunction is vacated, and the case is remanded.

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