Orion Pictures Co., Inc. v. Dell Publishing Co., Inc.

A French author published a book in French entitled E = MC², Mon Amor. Due to the book’s success in Europe, Orion Pictures Co., Inc. (Orion) (plaintiff) acquired the motion-picture rights to the book. The production of the film retitled A Little Romance generated extensive publicity in the news media and trade journals, noting that it would star such eminent actors as Sir Lawrence Olivier. Orion spent, or committed to spend, over $4 million to advertise and promote the film. When Dell Publishing Co., Inc. (Dell) (defendant) learned of the film, Dell contracted with the French author and his publisher to obtain the English translation and paperback publication rights to the book. Although negotiations took place to arrange a tie-in between the release of the book and the film, no such agreement ever came to fruition. Despite the lack of agreement, and believing Orion had no protectable interest in the title, Dell went forward with the publication of its paperback under the title A Little Romance. Dell also included on the front cover of the book the pronouncement that it was “now a major motion picture.” Orion thereafter filed suit for violations of the Lanham Act and unfair competition. Orion sought to enjoin Dell’s further use of the title A Little Romance, arguing that Dell chose to use the same title with the purpose of free-riding on the millions Orion was spending in advertising, and that publication and distribution of the paperback under that title would diminish the attractiveness of the movie.