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Marlin Sues HSA on Rights to 'Let's Go' Guide to Europe

By Lawrence W. Feinserg

A. Marlin '62 declared last night that Agencies over rights to "Let's Go: A Guide to Europe."

Despite the decision by U.S. District Judge J. W. Ford on April 9 to deny Marlin's for a preliminary injunction banning the sales of the guide, Marlin, said he will bring his suit to trial. In the first move pre-trial discovery phase of the litigation, he instructed his attorney, George Waldstein, G. Oliver Koppell '62, the president of HSA, M. Burke '54, HSA general manager, depositions on April 27.

The depositions will be used by Marlin to try other information supporting his allegations HSA and YTC Universal, a travel agency co-sponsored the 1961 edition of the guide, infringed his copyright and trademark by thing a 1962 issue of "Let's Go" without his and consent. Although the trial on the of the case may not occur for several months, Marlin stated, "The question now is when, not if, we will go to trial."

In his complaint filed March 13, Marlin claimed that the title and goodwill attached to "Let's Go: A Student Guide to Europe," was his property. He said that the 1961 edition of the guide, which identified Marlin as editor, Oliver Koppell as publisher, and the HSA and YTC Universal as sponsors, was the first in a series of annual guide-books which he intended to write.

The HSA, Marlin contended, simply printed and distributed the work for him in 1961, while acknowledging his copyright of its contents under an agreement dated March 28, 1961.

Last summer, Marlin said, he began preparations to put out the guide on his own without any assistance from the HSA. However, at the same time the HSA solicited advertisements for its guide using the same title. Therefore, the complaint states, Marlin was unable to get any advertising for his 1962 guide and was informed by some advertisers that the HSA had already received their business.

"As a result of the conduct of the HSA," the complaint continues, "plaintiff was prevented from securing advertising for and from bringing out of 1962 edition of his guide." Because of this train of action, Marlin accused the HSA of copyright and trademark infringement and with unfair competition.

The HSA categorically denied Marlin's chief allegations in a memorandum prepared by its lawyer Harold Rosenwald. The memorandum, which was argued in open court March 19, asserted that Marlin "is not now and has never been the proprietor of the 1961 "Let's Go," because he did not author the material published "within the meaning" of the copyright act.

Referring to an affidavit sworn by Koppell, the memorandum said that Marlin was simply employed by the HSA to compile information for its 1961 guide. It pointed out that the HSA planned a 64 page guide and that Marlin submitted about 300 pages in type and handwritten form. Koppell edited and arranged this material "to suit the needs of the corporation" in 20 to 25 hours of work. He also selected the colors and cuts, and wrote eight pages of the guide, it continued.

The HSA memorandum also argued that it did not infringe on Marlin's copyright because the total amount of copied material amounted to only one full page out of 124 in the 1962 guide. This amount, it said, was not substantial enough to be considered as a copyright violation.

It dismissed Marlin's contention that "Let's Go" was his trademark with the observation that it had not acquired any secondary meaning--or reputation--as required by trademark laws. Titles, themselves, it pointed out, cannot be trade-marked.

Koppell's affidavit, submitted along with Rosenwald's memorandum, said that the name "Let's Go" was suggested by his father, Henry G. Koppell, the president of YTC Universal, in early fall, 1960. He said that he got in touch with Marlin only in late November, 1960.

Koppell added that Marlin agreed to deliver the manuscript February 1 but withheld delivery until the end of March. At this time, Koppell reported, Marlin said he would not turn over copy unless Koppell signed the agreement, which he did "so that the guide could be published in time for distribution for the summer season."

"At the time of the execution of this agreement," Koppell continued, "I was not an officer of HSA and had no authority to make any contract on behalf of the corporation."

Later, to support its contention that Henry Koppel suggested the title "Let's Go," the HSA introduced a letter he wrote to his son Oliver on November 3, 1960. The last sentence of the letter read: "This is all for today, with the exception of the good advice LET'S GO!--and stop schmoosing and start acting--otherwise I will start the guide."

Both sides refused to comment yesterday on possible broader aspects of the case including its effect on the HSA's policy of not permitting students to own any share of its agencies, and HSA activities in the publications field

Despite the decision by U.S. District Judge J. W. Ford on April 9 to deny Marlin's for a preliminary injunction banning the sales of the guide, Marlin, said he will bring his suit to trial. In the first move pre-trial discovery phase of the litigation, he instructed his attorney, George Waldstein, G. Oliver Koppell '62, the president of HSA, M. Burke '54, HSA general manager, depositions on April 27.

The depositions will be used by Marlin to try other information supporting his allegations HSA and YTC Universal, a travel agency co-sponsored the 1961 edition of the guide, infringed his copyright and trademark by thing a 1962 issue of "Let's Go" without his and consent. Although the trial on the of the case may not occur for several months, Marlin stated, "The question now is when, not if, we will go to trial."

In his complaint filed March 13, Marlin claimed that the title and goodwill attached to "Let's Go: A Student Guide to Europe," was his property. He said that the 1961 edition of the guide, which identified Marlin as editor, Oliver Koppell as publisher, and the HSA and YTC Universal as sponsors, was the first in a series of annual guide-books which he intended to write.

The HSA, Marlin contended, simply printed and distributed the work for him in 1961, while acknowledging his copyright of its contents under an agreement dated March 28, 1961.

Last summer, Marlin said, he began preparations to put out the guide on his own without any assistance from the HSA. However, at the same time the HSA solicited advertisements for its guide using the same title. Therefore, the complaint states, Marlin was unable to get any advertising for his 1962 guide and was informed by some advertisers that the HSA had already received their business.

"As a result of the conduct of the HSA," the complaint continues, "plaintiff was prevented from securing advertising for and from bringing out of 1962 edition of his guide." Because of this train of action, Marlin accused the HSA of copyright and trademark infringement and with unfair competition.

The HSA categorically denied Marlin's chief allegations in a memorandum prepared by its lawyer Harold Rosenwald. The memorandum, which was argued in open court March 19, asserted that Marlin "is not now and has never been the proprietor of the 1961 "Let's Go," because he did not author the material published "within the meaning" of the copyright act.

Referring to an affidavit sworn by Koppell, the memorandum said that Marlin was simply employed by the HSA to compile information for its 1961 guide. It pointed out that the HSA planned a 64 page guide and that Marlin submitted about 300 pages in type and handwritten form. Koppell edited and arranged this material "to suit the needs of the corporation" in 20 to 25 hours of work. He also selected the colors and cuts, and wrote eight pages of the guide, it continued.

The HSA memorandum also argued that it did not infringe on Marlin's copyright because the total amount of copied material amounted to only one full page out of 124 in the 1962 guide. This amount, it said, was not substantial enough to be considered as a copyright violation.

It dismissed Marlin's contention that "Let's Go" was his trademark with the observation that it had not acquired any secondary meaning--or reputation--as required by trademark laws. Titles, themselves, it pointed out, cannot be trade-marked.

Koppell's affidavit, submitted along with Rosenwald's memorandum, said that the name "Let's Go" was suggested by his father, Henry G. Koppell, the president of YTC Universal, in early fall, 1960. He said that he got in touch with Marlin only in late November, 1960.

Koppell added that Marlin agreed to deliver the manuscript February 1 but withheld delivery until the end of March. At this time, Koppell reported, Marlin said he would not turn over copy unless Koppell signed the agreement, which he did "so that the guide could be published in time for distribution for the summer season."

"At the time of the execution of this agreement," Koppell continued, "I was not an officer of HSA and had no authority to make any contract on behalf of the corporation."

Later, to support its contention that Henry Koppel suggested the title "Let's Go," the HSA introduced a letter he wrote to his son Oliver on November 3, 1960. The last sentence of the letter read: "This is all for today, with the exception of the good advice LET'S GO!--and stop schmoosing and start acting--otherwise I will start the guide."

Both sides refused to comment yesterday on possible broader aspects of the case including its effect on the HSA's policy of not permitting students to own any share of its agencies, and HSA activities in the publications field

The depositions will be used by Marlin to try other information supporting his allegations HSA and YTC Universal, a travel agency co-sponsored the 1961 edition of the guide, infringed his copyright and trademark by thing a 1962 issue of "Let's Go" without his and consent. Although the trial on the of the case may not occur for several months, Marlin stated, "The question now is when, not if, we will go to trial."

In his complaint filed March 13, Marlin claimed that the title and goodwill attached to "Let's Go: A Student Guide to Europe," was his property. He said that the 1961 edition of the guide, which identified Marlin as editor, Oliver Koppell as publisher, and the HSA and YTC Universal as sponsors, was the first in a series of annual guide-books which he intended to write.

The HSA, Marlin contended, simply printed and distributed the work for him in 1961, while acknowledging his copyright of its contents under an agreement dated March 28, 1961.

Last summer, Marlin said, he began preparations to put out the guide on his own without any assistance from the HSA. However, at the same time the HSA solicited advertisements for its guide using the same title. Therefore, the complaint states, Marlin was unable to get any advertising for his 1962 guide and was informed by some advertisers that the HSA had already received their business.

"As a result of the conduct of the HSA," the complaint continues, "plaintiff was prevented from securing advertising for and from bringing out of 1962 edition of his guide." Because of this train of action, Marlin accused the HSA of copyright and trademark infringement and with unfair competition.

The HSA categorically denied Marlin's chief allegations in a memorandum prepared by its lawyer Harold Rosenwald. The memorandum, which was argued in open court March 19, asserted that Marlin "is not now and has never been the proprietor of the 1961 "Let's Go," because he did not author the material published "within the meaning" of the copyright act.

Referring to an affidavit sworn by Koppell, the memorandum said that Marlin was simply employed by the HSA to compile information for its 1961 guide. It pointed out that the HSA planned a 64 page guide and that Marlin submitted about 300 pages in type and handwritten form. Koppell edited and arranged this material "to suit the needs of the corporation" in 20 to 25 hours of work. He also selected the colors and cuts, and wrote eight pages of the guide, it continued.

The HSA memorandum also argued that it did not infringe on Marlin's copyright because the total amount of copied material amounted to only one full page out of 124 in the 1962 guide. This amount, it said, was not substantial enough to be considered as a copyright violation.

It dismissed Marlin's contention that "Let's Go" was his trademark with the observation that it had not acquired any secondary meaning--or reputation--as required by trademark laws. Titles, themselves, it pointed out, cannot be trade-marked.

Koppell's affidavit, submitted along with Rosenwald's memorandum, said that the name "Let's Go" was suggested by his father, Henry G. Koppell, the president of YTC Universal, in early fall, 1960. He said that he got in touch with Marlin only in late November, 1960.

Koppell added that Marlin agreed to deliver the manuscript February 1 but withheld delivery until the end of March. At this time, Koppell reported, Marlin said he would not turn over copy unless Koppell signed the agreement, which he did "so that the guide could be published in time for distribution for the summer season."

"At the time of the execution of this agreement," Koppell continued, "I was not an officer of HSA and had no authority to make any contract on behalf of the corporation."

Later, to support its contention that Henry Koppel suggested the title "Let's Go," the HSA introduced a letter he wrote to his son Oliver on November 3, 1960. The last sentence of the letter read: "This is all for today, with the exception of the good advice LET'S GO!--and stop schmoosing and start acting--otherwise I will start the guide."

Both sides refused to comment yesterday on possible broader aspects of the case including its effect on the HSA's policy of not permitting students to own any share of its agencies, and HSA activities in the publications field

In his complaint filed March 13, Marlin claimed that the title and goodwill attached to "Let's Go: A Student Guide to Europe," was his property. He said that the 1961 edition of the guide, which identified Marlin as editor, Oliver Koppell as publisher, and the HSA and YTC Universal as sponsors, was the first in a series of annual guide-books which he intended to write.

The HSA, Marlin contended, simply printed and distributed the work for him in 1961, while acknowledging his copyright of its contents under an agreement dated March 28, 1961.

Last summer, Marlin said, he began preparations to put out the guide on his own without any assistance from the HSA. However, at the same time the HSA solicited advertisements for its guide using the same title. Therefore, the complaint states, Marlin was unable to get any advertising for his 1962 guide and was informed by some advertisers that the HSA had already received their business.

"As a result of the conduct of the HSA," the complaint continues, "plaintiff was prevented from securing advertising for and from bringing out of 1962 edition of his guide." Because of this train of action, Marlin accused the HSA of copyright and trademark infringement and with unfair competition.

The HSA categorically denied Marlin's chief allegations in a memorandum prepared by its lawyer Harold Rosenwald. The memorandum, which was argued in open court March 19, asserted that Marlin "is not now and has never been the proprietor of the 1961 "Let's Go," because he did not author the material published "within the meaning" of the copyright act.

Referring to an affidavit sworn by Koppell, the memorandum said that Marlin was simply employed by the HSA to compile information for its 1961 guide. It pointed out that the HSA planned a 64 page guide and that Marlin submitted about 300 pages in type and handwritten form. Koppell edited and arranged this material "to suit the needs of the corporation" in 20 to 25 hours of work. He also selected the colors and cuts, and wrote eight pages of the guide, it continued.

The HSA memorandum also argued that it did not infringe on Marlin's copyright because the total amount of copied material amounted to only one full page out of 124 in the 1962 guide. This amount, it said, was not substantial enough to be considered as a copyright violation.

It dismissed Marlin's contention that "Let's Go" was his trademark with the observation that it had not acquired any secondary meaning--or reputation--as required by trademark laws. Titles, themselves, it pointed out, cannot be trade-marked.

Koppell's affidavit, submitted along with Rosenwald's memorandum, said that the name "Let's Go" was suggested by his father, Henry G. Koppell, the president of YTC Universal, in early fall, 1960. He said that he got in touch with Marlin only in late November, 1960.

Koppell added that Marlin agreed to deliver the manuscript February 1 but withheld delivery until the end of March. At this time, Koppell reported, Marlin said he would not turn over copy unless Koppell signed the agreement, which he did "so that the guide could be published in time for distribution for the summer season."

"At the time of the execution of this agreement," Koppell continued, "I was not an officer of HSA and had no authority to make any contract on behalf of the corporation."

Later, to support its contention that Henry Koppel suggested the title "Let's Go," the HSA introduced a letter he wrote to his son Oliver on November 3, 1960. The last sentence of the letter read: "This is all for today, with the exception of the good advice LET'S GO!--and stop schmoosing and start acting--otherwise I will start the guide."

Both sides refused to comment yesterday on possible broader aspects of the case including its effect on the HSA's policy of not permitting students to own any share of its agencies, and HSA activities in the publications field

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