Is there any case law in which a defendant has been found to have used material from a plaintiff's "literary property"?
California, United States of America
The following excerpt is from Donahue v. United Artists Corp., 2 Cal.App.3d 794, 83 Cal.Rptr. 131 (Cal. App. 1969):
As its next point defendant contends that it did not use any substantial portion of plaintiffs' 'literary property' as the idea consistently was alleged to be in plaintiffs' pleadings and in certain instructions submitted by them. Cited is Ware v. Columbia Broadcasting System, Inc., 253 Cal.App.2d 489, 61 Cal.Rptr. 590, where the material was similarly referred to by
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