HARPER HOUSE, INC. v. THOMAS NELSON, INC.

Nos. 87-6398, 87-6411.

889 F.2d 197 (1989)

HARPER HOUSE, INC., Plaintiff-Appellee-Cross-Appellant, v. THOMAS NELSON, INC.; Time Maker, Inc.; National Media Group; R.M. Marketing, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1989.


Attorney(s) appearing for the Case

Joel McCabe Smith, Gary L. Swingle, Leopold, Petrich & Smith, Los Angeles, Cal., for defendant-appellant Thomas Nelson, Inc.

Robert P. Taylor, Pillsbury, Madison & Sutro, San Francisco, Cal., for Pennsylvania defendants-appellants.

Robert A. Schroeder, Pretty, Schroeder, Brueggemann & Clark, Los Angeles, Cal., for plaintiff-appellee Harper House, Inc.

Before GOODWIN, Chief Judge, NELSON and BOOCHEVER, Circuit Judges.


GOODWIN, Chief Judge:

Defendants appeal a judgment awarding damages for infringement of copyright and unfair competition, arising out of their production and marketing of an "organizer" that closely resembled the product of plaintiff Harper House, Inc.

Harper House's trial witness described organizers as products intended to help people deal with the tremendous amount of information that they must absorb in order to keep up in a modern, complex world. Harper...

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