Legal Opinion

Spilman v. Mosby-Yearbook, Inc.

District Court, D. Massachusetts

Decided September 26, 2000No. Civ.A.98-10934-PBSPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

Plaintiff, Shawn Spilman, d/b/a Eliot Press, sold the publication rights to his health care manuals to the defendant, Mosby-Yearbook, Inc. (“Mosby”), which agreed to use its best efforts to protect the copyrights and to use commercially reasonable efforts to promote the publications. Alleging that Mosby failed to com ply with these obligations, plaintiff filed this diversity action asserting breach of contract (Count 1) and unfair and deceptive trade practices under Mass.Gen.L. ch. 93A (Count 2). Mosby has filed counterclaims for breach of contract…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  3. Stewart v. AbendSupreme Court of the United States · 1990
  4. Waldman Publishing Corp. And Playmore Inc., Publishers v. Landoll, Inc., Martin Myers & James LandollCourt of Appeals for the Second Circuit · 1994
  5. Concrete MacHinery Company, Inc. v. Classic Lawn Ornaments, Inc.Court of Appeals for the First Circuit · 1988

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3Cited by2 opinions

  1. Financial Resources Network, Inc. v. Brown & Brown, Inc.District Court, D. Massachusetts · 2012
  2. Proven Methods Seminars, LLC v. American Grants & Affordable Housing Institute, LLCDistrict Court, E.D. California · 2007

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