500 F.2d 1221 | 2d Cir. | 1974
MEREDITH CORPORATION, an Iowa corporation, Plaintiff-Appellant,
v.
HARPER & ROW, PUBLISHERS, INC., et al.,
Defendants-Appellees, Brian Sutton-Smith, an
Individual, and Prentice-Hall, Inc., a
Delaware corporation,
Additional
Defendants
on
Counterclaim-Appellants.
No. 1228, Docket 74-1726.
United States Court of Appeals, Second Circuit.
Argued June 26, 1974.
Decided July 8, 1974.
Marshall C. Berger, New York, City (Hahn, Hessen, Margolis & Ryan, New York City, Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., William J. Daly, Jr., New York City, George B. Newitt, George P. McAndrews, Chicago, Ill., Wayne Carson, New York City, on the brief), for plaintiff-appellant and additional defendants-appellants.
John C. Lankenau, New York City (Lankenau, Kovner, Bickford & Beer, Victor A. Kovner, Edward A. Miller, Nathaniel J. Bickford, New York City, on the brief), for defendants-appellees.
Before MOORE and FEINBERG, Circuit Judges, and PALMIERI,1 district judge.
PER CURIAM:
The appellants assert error in the grant of a preliminary injunction.
This is essentially a dispute between the publishers of competing textbooks in the child development field. The defendants-appellees, seeking redress as copyright holders, convinced Judge Owen upon a persuasive factual record that they would probably succeed on the merits, that the appellants had plagiarized their textbook, and that there was need for immediate relief. There was a sufficient basis for the findings and conclusions of the District Court and since they are not clearly erroneous, Fed.R.Civ.P. 52(a), we affirm.
Of the United States District Court for the Southern District of New York, sitting by designation
