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Remedies Keyed to Tabb, 8th
Tom Doherty Associates, Inc. v. Saban Entertainment, Inc.
Citation:
60 F.3d 27 (1995)Facts
Tom Doherty Associates, Inc., operating as TOR Books, entered into a contract with Saban Entertainment, Inc. in October 1991 for publication of children’s books based on Saban’s video entertainment properties. The agreement authorized immediate publication of six titles and included a rider to Paragraph 16 giving TOR a right of first refusal to publish additional juvenile story books based on Saban properties. The contract granted TOR exclusive English language book publication rights, with Saban reserving only comic books, coloring books, and activity books. After contract execution, Saban developed the Mighty Morphin Power Rangers, which became extraordinarily popular with children. Without offering TOR its contractual right of first refusal, Saban licensed Power Rangers publishing rights to multiple other publishers in various formats including board books, fold-out books, hardcover books, and junior novelizations. TOR’s director Kathleen Doherty learned of the Power Rangers’ popularity in January 1994 and of competing publishers in April 1994, then attempted to contact Saban in May 1994, but her calls were not returned. TOR subsequently filed suit for breach of contract and sought a preliminary injunction.
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