HEARST CORP. v. STARK

No. C-84-4701-CAL.

639 F.Supp. 970 (1986)

HEARST CORPORATION, a Delaware corporation; Bantam Books, Inc., a Delaware corporation; Berkeley Publishing Corporation, a Delaware corporation; Dell Publishing Company, Inc., a Delaware corporation; New American Library, a New Jersey limited partnership; Simon & Shuster, Inc., a New York corporation; and Warner Books, Inc., a New York corporation; Houghton Mifflin Company, a Massachusetts corporation, Plaintiffs, v. J. Ben STARK, and J. Ben Stark Books, Inc., a California corporation, Defendants.

United States District Court, N.D. California.

June 30, 1986.


Attorney(s) appearing for the Case

Cooper, White & Cooper, Neil L. Shapiro, Lawrence J. Siskind, San Francisco, Cal., for plaintiffs.

Thomas E. Kotoske, Palo Alto, Cal., for defendants.


OPINION AND ORDER FOR SUMMARY JUDGMENT

LEGGE, District Judge.

The basic issue is whether defendants can import into the United States books which were lawfully produced abroad, if importation conflicts with plaintiffs' United States copyrights. This is the first reported case seeking to enjoin the importation of books based on 17 U.S.C. § 602. It involves balancing the rights of free speech guaranteed by the First Amendment with the rights created by...

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