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Creative Transaction Corp. v. Monroe Allen Publishers, Inc.

Little Negative Impact on Competition Exists When Non-Competitors Engaged in Joint Venture

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Creative Transaction Corp. (“CTC”) and its President, Amy Lee, (“Plaintiffs”) sued Monroe Allen Publishers, Inc. (“MAP”) and its President, Philip M. Rideout, (“Defendants”) on various contract and tort causes of action arising from the parties’ effort to publish and sell a dictionary. Rideout authored the dictionary; Lee provided capital and assisted Rideout in negotiations with a publishing company, Heinle & Heinle Publishers (“Heinle”). Successful in these negotiations, MAP and CTC entered into an agreement with Heinle, by which Heinle would publish and market the dictionary and would produce a derivative work. During subsequent negotiations with Heinle concerning Heinle’s transfer of its rights in the dictionaries, relations between Plaintiffs and Defendants deteriorated; Plaintiffs brought suit on an eight-count complaint as a result.

Now before the Court are Defendants’ motion for summary judgment and Plaintiffs’ motion for partial summary judgment. For the reasons that follow Plaintiffs’ motion is DENIED and Defendants’ motion is GRANTED IN PART AND DENIED IN PART.

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