“60 Years Later” Lawsuit May Continue

I made a series of posts at the Ask Before You Act blog here, here and here on the lawsuit filed by author of “Catcher In The Rye,” J.D. Salinger seeking damages for copyright infringement and an injunction against the writer, publisher and distributor of a sequel to “Catcher In The Rye” …. “60 Years Later: Coming Through the Rye.”

Mr. Salinger passed away on January 27, 2010.

A preliminary injunction was issued in July 2009, but the case is still moving forward.   The plaintiff is listed as J.D. Salinger, individual and Trustee of the J.D. Salinger Literary Trust.  The work “Catcher In The Rye” was assigned by Mr. Salinger to the J.D. Salinger Literary Trust on October 24, 2008.

In accordance with Federal Rule of Civil Procedure Rule 25:

If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.

I anticipate a successor trustee was named in the Trust.  It will depend on whether or not there are successor beneficiaries or if the corpus of the Trust is distributed as to who will be the proper party to move forward as the Plaintiff.

About Tamera Bennett

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by Tamera Bennett

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