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Hedes & Dekes: 'Catcher in Rye' Case Reopened

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A U.S. appeals court has ordered U.S. District Judge Deborah Batts to reconsider her injunction on a novel based on J.D. Salinger’s The Catcher in the Rye, according to The San Francisco Chronicle. Batts had blocked the book, written by Fredrik Colting, from publishing in July.

The appeals court said that the plaintiff has to prove likelihood of irreparable harm to get the injunction, not simply probability of succeeding on the question of infringement. The members cited an EBay Inc. patent-infringement case as the standard. Salinger claimed in his lawsuit that Colting’s book, 60 Years Later: Coming Through the Rye, had “extensive similarities” to his classic book. Colting’s novel featured a 76-year-old character similar to Catcher‘s Holden Caulfield meeting the author who created him.

Salinger was extremely protective of his works, never authorizing a new narrative featuring Holden or that was similar to Catcher in the Rye, according to court filings. With Salinger’s death in January, his widow, Colleen Salinger, and son, Matthew Salinger, will take up the case.

–Kristin Hunt

Photo: guybrariang

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Written by whitney teal

May 1, 2010 at 11:29 am

Posted in Hedes and Dekes

Tagged with ,

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