Wednesday, January 9, 2008

Express Publishing sues magazine

Lawsuit alleges copyright infringement by competitor

By TERRY SMITH
Express Staff Writer

A lawsuit filed in federal court last month claims that Sun Valley Magazine lifted verbatim or ?crudely paraphrased? portions of Tables, a dining guide owned by Express Publishing.

The publisher of the Idaho Mountain Express has filed a lawsuit alleging copyright infringement by a local competing magazine.

Filed in December in U.S. District Court in Boise, the Express Publishing Inc. lawsuit claims that Sun Valley Magazine lifted verbatim or "crudely paraphrased" portions of a dining guide owned by Express Publishing. The lawsuit was filed against Valley Publishing Inc., the publisher of Sun Valley Magazine.

Express Publishing in Ketchum is the owner of the Idaho Mountain Express newspaper, Sun Valley Guide and Real Estate Guide magazines, as well as Tables, an annual dining guide to upscale restaurants in the Wood River Valley.

The lawsuit alleges that copyright text from the 2007 edition of Tables was used by Valley Publishing in its Winter/Spring 2008 edition of Sun Valley Magazine. The suit cites portions of the reviews for Ketchum establishments Sushi on Second, The Roosevelt Grill, The Sawtooth Club and Riccabona's, formerly known as Felix's Hillside Restaurant.

The complaint states that attempts by Express Publishing to reach a settlement with Valley Publishing prior to filing the suit were unsuccessful.

Express Publishing is asking the court to bar further distribution of the Winter/Spring 2008 edition of Sun Valley Magazine, to pay an unspecified amount in damages, to impound all copies of the magazine and the electronic files and other materials used in its production and to award reasonable attorney's fees.

A motion to hear a temporary restraining order filed by Express Publishing is scheduled for Jan. 23 in Boise.

Express Publishing is represented by patent attorney Ken J. Pedersen of Boise. Valley Publishing is represented by Ketchum attorney Michael D. Pogue.



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