Berger v. Simon & Schuster

SAND, District Judge.

Plaintiff Berger, a medical doctor and author, brings this action against defendant, Simon & Schuster, a publishing house, alleging that defendant infringed on a copyright belonging to plaintiff. Defendant has moved to dismiss the action on the ground that the Court lacks jurisdiction over the subject matter or, alternatively, because the complaint fails to state a cause of action. Plaintiff has opposed those motions and has cross-moved for a preliminary injunction restraining defendant from further infringement.

Although the issue, in an area fairly described as “murky,”…