Doody v. PENGUIN GROUP (USA) INC.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

In 2003, Plaintiff Louis Doody (“Plaintiff’) sent a manuscript of his copyrighted fictional novel Gold of the Khan to Defendant Penguin Group (USA) Inc. (“Penguin”) for its consideration. The manuscript tells the story of a Boston history professor, Marya Bradwell, who searches for and finds Marco Polo’s lost treasure hidden in a church in Croatia. Penguin ultimately rejected Plaintiffs manuscript, but Plaintiff contends that protected elements of his manuscript were copied and…