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ROSEMONT ENTERPRISES, INC. v. RANDOM HOUSE, INC.

No. 473, Docket 30672.

366 F.2d 303 (1966)

ROSEMONT ENTERPRISES, INC., Plaintiff-Appellee, v. RANDOM HOUSE, INC. and John Keats, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided August 17, 1966.

Attorney(s) appearing for the Case

Edward C. Wallace, New York City (Weil, Gotshal & Manges, Horace S. Manges and Marshall C. Berger, New York City, of counsel), for defendant-appellant, Random House, Inc.

Robert W. Maris, Philadelphia, Pa. (William T. Coleman, Jr., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa.), for defendant-appellant, John Keats.

Jack Katz, New York City (Katz, Moselle & Schier, Chester C. Davis, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

MOORE, Circuit Judge.

On May 26, 1966, plaintiff-appellee, Rosemont Enterprises, Inc. (Rosemont) commenced this action in the district court alleging that copyrights which it owned on a series of articles entitled "The Howard Hughes Story" which appeared in Look Magazine in early 1954 were infringed by a book entitled "Howard Hughes — a Biography by John Keats" published on May 23, 1966 by defendant-appellant, Random House, Inc. In June, Rosemont made a motion...

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