Commerce Bank founder Vernon Hill II can proceed with his counterclaim, in a copyright infringement case, that the bank’s new owners, TD Bank, improperly had his best-selling book detailing his formula for success removed from store shelves.

U.S. District Judge Robert Kugler on Monday denied a motion to dismiss Hill’s bid for a declaratory judgment that he and the bank are joint owners of the manuscript and that the bank sent improper copyright infringement notices to online sellers of Hill’s book.

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