Tom Doherty Associates, Inc. v. Saban Entertainment, Inc.
United States Court of Appeals for the Second Circuit
60 F.3d 27 (1995)
Tom Doherty Associates, Inc., doing business as TOR Books (TOR) (plaintiff), entered into a contract with Saban Entertainment, Inc. (Saban) (defendant), a creator, producer, and distributor of television for children. The contract provided that TOR would immediately publish six children’s books with characters from Saban’s television programming, and further created a long-term relationship giving TOR certain exclusive rights to publish children’s books with Saban’s characters. For Saban, the contract would be a means of promoting and selling children’s books featuring Saban’s characters. For TOR, which was only a minor publisher of children’s books, the contract was an opportunity to expand TOR’s role and establish itself in this specialized market. After the execution of the contract, Saban introduced the television show Power Rangers, which became wildly successful. After the success of Power Rangers, Saban no longer needed TOR to promote its content by publishing children’s books. Saban accordingly gave licenses to other publishing houses to publish Power Rangers books. TOR brought action against Saban for breach of contract. TOR then moved for a preliminary injunction, arguing that TOR would suffer irreparable harm in the form of the loss of a unique opportunity if Saban did not license publishing rights to TOR for Power Rangers books. The district court granted the preliminary injunction, finding that the Power Rangers books “[were] likely to transform TOR’s fortunes.” Saban appealed, arguing that loss of future goodwill could not constitute irreparable harm justifying injunctive relief.
Rule of Law
Holding and Reasoning (Winter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.