Mandell Menkes successfully defended publisher Mira Books in a copyright infringement suit.  The plaintiff originally submitted a manuscript to Mira Books for consideration. Mira Books rejected plaintiff’s submission, and plaintiff alleged that Mira Books later published a similar novel that copied portions of her manuscript.

On Mandell Menkes’ motion to dismiss, the federal judge ruled that any similarities between the two works were references to common things, places, and emotional states, which are incapable of copyright protection. The judge granted Mandell Menkes’ motion and dismissed the case, finding that the works were not substantially similar as a matter of law.

Mandell Menkes represented defendant Mira Books, a division of Harlequin Enterprises, Ltd. The team advising Mira Books included Steve Mandell and John Fitzpatrick.