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Keywords

defendantequityinjunctionappealcopyright

defendantlitigationequityinjunctionmotionwillcopyrightappellant

Related Cases

Salinger v. Colting, 607 F.3d 68, 2010 Copr.L.Dec. P 29,936, 94 U.S.P.Q.2d 1577

Facts

J.D. Salinger published 'The Catcher in the Rye' in 1951, which became a cultural phenomenon and has sold over 35 million copies. Salinger has not authorized any derivative works since 1965 and has actively protected his copyright. Fredrik Colting published '60 Years Later: Coming Through the Rye' without Salinger's permission, presenting a narrative featuring an older version of Holden Caulfield, the protagonist of Salinger's novel. Salinger claimed that Colting's work was a direct infringement of his copyright due to substantial similarities between the two novels.

Salinger has registered and duly renewed his copyright in Catcher with the U.S. Copyright Office. Defendant–Appellant Fredrik Colting wrote 60 Years Later: Coming Through the Rye under the pen name 'John David California.' Colting published 60 Years Later with his own publishing company, Defendant–Appellant Windupbird Publishing, Ltd., in England on May 9, 2009. Copies were originally scheduled to be available in the United States on September 15, 2009.

Issue

Did the District Court err in granting a preliminary injunction to Salinger based on the likelihood of success on the merits of his copyright infringement claim?

Rule

To obtain a preliminary injunction, a party must demonstrate irreparable harm and either a likelihood of success on the merits or sufficiently serious questions going to the merits.

Under Rule 65, to obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation, and a balance of hardships tipping decidedly in its favor.

Analysis

The Court of Appeals found that the District Court had applied an outdated standard for determining irreparable harm in copyright cases. The Court emphasized that the presumption of irreparable harm based solely on a likelihood of success on the merits was inconsistent with the principles of equity established in the Supreme Court's decision in eBay, Inc. v. MercExchange. The Court noted that the District Court had not adequately considered whether Salinger would suffer irreparable harm without the injunction.

We hold that, although the District Court applied our Circuit's longstanding standard for preliminary injunctions in copyright cases, our Circuit's standard is inconsistent with the 'test historically employed by courts of equity' and has, therefore, been abrogated by eBay, Inc. v. MercExchange, L.L.C.

Conclusion

The Court of Appeals vacated the District Court's order granting the preliminary injunction and remanded the case for reevaluation under the correct legal standards.

The District Court's judgment is VACATED and REMANDED.

Who won?

The Court of Appeals vacated the District Court's decision, thus favoring the defendants in the sense that the injunction was overturned, but the case was remanded for further proceedings.

We agree that eBay abrogated parts of this Court's preliminary injunction standard in copyright cases, and accordingly, this case must be remanded to the District Court to reevaluate Salinger's preliminary injunction motion.

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