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RANDOM HOUSE, INC. v. ROSETTA BOOKS LLC

Docket No. 01-7912.

283 F.3d 490 (2002)

RANDOM HOUSE, INC., Plaintiff-Appellant, v. ROSETTA BOOKS LLC and Arthur M. Klebanoff, in his individual capacity and as principal of Rosetta Books LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 8, 2002.

Attorney(s) appearing for the Case

R. Bruce Rich, Weil, Gotshal & Manges LLP (Jonathan Bloom, Jonathan S. Shapiro, on the brief), New York, NY, Attorneys for Plaintiff-Appellant.

Roger L. Zissu, Fross Zelnick Lehrman & Zissu, P.C. (Michael J. Boni, Robert J. LaRocca, Joanne Zack, Kohn, Swift & Graf, P.C., on the brief), New York, NY, Attorneys for Defendants-Appellees.

Proskauer Rose LLP, New York, NY, (Jon A. Baumgarten, Charles S. Sims, on the brief) for Amicus Curiae, The Association of American Publishers, in support of Plaintiff-Appellant.

Cowan, Debaets, Abrahams & Sheppard LLP, New York, NY, (David B. Wolf, Laura B. Gilbert, on the brief) for Amicus Curiae, The Authors Guild, Inc. and Association of Authors' Representatives, Inc., in support of Defendants-Appellees.

Before NEWMAN and KEARSE, Circuit Judges, and RAKOFF, District Judge.

PER CURIAM.

Random House, Inc. appeals from the denial of a preliminary injunction that sought to enjoin appellee Rosetta Books LLC ("Rosetta") from continuing to sell as "ebooks" certain novels whose authors had granted Random House the exclusive right to publish, print, and sell their copyrighted works "in book form." The denial of a preliminary injunction is generally reviewed for abuse of discretion. See Zervos v. Verizon New York, Inc.,

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