3rd Circ. Backs Viacom, Penguin In IP Suit Over Xmas Book

By Bill Wichert (July 2, 2019, 7:17 PM EDT) -- Viacom and Penguin Random House scored a victory Tuesday when the Third Circuit declined to revive an author's suit alleging the companies copied her children's book about a tree that dreams of becoming the Christmas tree in New York City's Rockefeller Center.

In a nonprecedential opinion, a circuit panel upheld a Pennsylvania federal court ruling tossing a complaint by writer Jennie Nicassio. The panel said U.S. District Judge Nora Barry Fischer properly found that Nicassio's book "Rocky" was not "substantially similar as a matter of law" to the book "Albert," which was published by Penguin Random House LLC and turned into...

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