The transaction is subject to customary closing conditions and regulatory approval and is expected to close within 30 days. Benioff is Chairman, co-CEO and founder. Benioff will not be involved in the day-to-day operations or journalistic decisions, which will continue to be led by TIME's current executive leadership team.
Decided July 8, Giampietro arguedGregory N. Freerksen, and Sharon M. Nelson, and Laura J. Seventh Circuit Court of Appeal Judges hearing the case: This Meredith corporation serves up an issue of first impression in this Circuit: The district court entered a preliminary injunction after concluding that recipes, which in this case prescribe an assortment of edible derivatives of Dannon yogurt, are protectable under copyright law.
Because we find that the Meredith corporation involved in this case are not protectable under copyright law, we vacate the entry of the preliminary injunction. This appeal lies under 28 U.
Thus, although there are several causes of action involved in this dispute, we will focus only upon those facts relevant to the alleged infringement and the entry of the injunction. For the purpose of deciding this appeal, we take the underlying facts as found by the district court in its order entering the preliminary injunction.
Both parties publish magazines and books containing cooking recipes, and these publications are often featured for sale on racks adjacent to checkout stations at supermarkets and grocery stores. In section 2 of this copyright registration certificate, Meredith claims protection for a "[c]ollective work," and in section 6 further describes the subject matter as a "[c]ompilation" of "[r]ecipes tested with Dannon yogurt.
From "Simple Snacks" to "Dazzling Desserts," "Super Salads" to "Exciting Entrees," the array of offerings is enough to send anyone rushing to the fridge. Of these twelve publications, two contain by far the highest number of allegedly infringing recipes twenty-two each, as compared to nine for the third-highest total: We will not further tempt the reader with a sampling of PIL's arsenal Meredith corporation yogurt- based concoctions.
We have sifted through the two publications and find them to be nearly identical. The recipes have the same titles but display certain differences in the listing of ingredients, directions for preparation, and nutritional information.
PIL filed a three-count complaint in the Northern District of Illinois on February 22,alleging that Meredith Corporation had engaged in unfair and deceptive trade practices in violation of the Lanham Act, 15 U.
PIL alleged that Meredith had styled its publications deliberately to resemble PIL's publications, thereby misleading and confusing consumers. PIL also alleged that Meredith had induced retailers to place Meredith's publications in the wire racks at supermarkets that were contractually reserved for PIL publications.
On August 17, Meredith filed a motion for a preliminary injunction against any further copyright infringement by PIL. PIL filed a response to this motion on August In this response, PIL incorporated by reference the arguments it had presented in its memorandum in support of its motion for summary judgment on Meredith's counterclaim, which it had filed the day before.
Meredith filed its reply on August 31, in which it joined the issue of the copyrightability of the recipes, which was a major premise of Meredith's counterclaim.
The district court conducted a hearing on Meredith's motion for the preliminary injunction on October 4 at which counsel for PIL failed to appear. The district court thereafter issued the preliminary injunction on October 6. The injunction prohibited PIL from publishing, distributing or selling any books or magazines that contain one or more of the following twenty six 26 recipes: In addition, the injunction ordered PIL to recall unsold copies of its publications containing any of the identified recipes.
PIL subsequently filed a motion to vacate the injunction on October 11, which the district court denied, and PIL filed a notice of appeal on October Before getting to the merits, we address a procedural oddity that causes us some concern.
The district court issued the preliminary injunction based upon findings of fact and law contained in its order dated October 6. This order was preceded by Meredith's original motion for the injunction, PIL's response, and Meredith's reply, all of which were on file with the district court by August On September 27 ten days prior to the October 4 hearingMeredith tendered what it termed "supplemental evidence" to the district court, which purported to "prove beyond any doubt that PIL knew that the recipes it obtained from Dannon, and which it copied for use in its infringing publications, came straight from Meredith's publication, Discover Dannon.
The letter references an enclosed list of recipes that includes each recipe's "title and origin.
In its order issuing the injunction, the district court made the following findings: The next element Meredith would have to show to prevail on the merits would be that PIL copied Meredith's copyrighted work. There is adequate and indeed persuasive evidence that this is precisely what PIL did.
It seems clear that the district court based this finding in substantial part upon Meredith's September 27 submission. So must it also have seemed to PIL.
In two motions filed on October 11 one week after the hearing at which PIL was not representedPIL moved the district court to vacate the preliminary injunction and to strike Meredith's September 27 submission.
In its motion to vacate the injunction, PIL wrote:88 F.3d (7th Cir. ) PUBLICATIONS INTERNATIONAL, LIMITED, Plaintiff/Counterdefendant-Appellant, v. MEREDITH CORPORATION, Defendant/Counterplaintiff-Appellee. Whether you're shopping for yourself or for someone else, you're sure to find the perfect magazine for every reader here.
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Chicago-Area Home with Chic Cottage Style. Nov 26, · Meredith Corporation, the publisher of Family Circle and Better Homes and Gardens, clinches a deal in a cash transaction valued at nearly $3 billion.