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ORION PICTURES CO., INC. v. DELL PUBLISHING CO., INC.

No. 79 Civ. 2310 (GLG).

471 F.Supp. 392 (1979)

ORION PICTURES COMPANY, INC., Plaintiff, v. DELL PUBLISHING CO., INC., Defendant.

United States District Court, S. D. New York.

June 5, 1979.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff; Leonard S. Baum, Elizabeth Greenspan, John F. Duane, New York City, of counsel.

Satterlee & Stephens, New York City, for defendant; Robert M. Callagy, John T. Schmidt, New York City, of counsel.

GOETTEL, District Judge:

The plaintiff's motion for a preliminary injunction presents an interesting question concerning the plaintiff's motion picture, derived from a book, and the defendant's paperback version of the book, published to exploit the publicity and interest generated by the movie.

A French author, Patrick Cauvin, published a book in French entitled "E=MC2, Mon Amour" (Éditions Jean Claude Lattés, 1977), which...

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