IP Troubles for the Publishing Industry
First-edition of Papa Hemingway by A.E. Hotchner (1966)
Estate of Hemingway v. Random House, Inc., 23 N.Y.2d 341 (N.Y. 1968)
(holding the title “Papa Hemingway” for a biography of Ernest Hemingway was not unfair competition)
The Seinfeld Aptitude Test by Beth B. Golub (1994)
Castle Rock Entertainment, Inc. v. Carol Publishing Group, 150 F.3d 132 (2nd Cir. 1998)
(judging that a book of trivia about the Seinfeld television series infringed the copyright in the television series itself)
America’s Best Cooking published by Landoll, Inc. (1995)
Publications International, Ltd. v. Landoll, Inc., 164 F.3d 337 (7th Cir. 1998)
(rejecting a claim of trademark infringement brought by the rival publisher of a cookbook with similar trade-dress elements, including gilded edges and large pages)