Amana Refrigeration, Inc. v. Consumers Union of United States, Inc.

McMANUS, Chief Judge.

This matter is before the court on plaintiff’s resisted motion to dismiss defendant’s counterclaims, filed November 30, 1976 and defendant’s resisted cross motion for partial summary judgment, filed January 19, 1977.

The relevant undisputed facts are that defendant is the owner of a copyrighted article which appeared in defendant’s magazine, Consumer Reports, in 1968. The article gave defendant’s generally favorable research results concerning the safety of plaintiff’s, microwave oven. In April, 1973 defendant published an unfavorable article on plaintiff’s microwave oven…