Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/22

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Defendants have indicated in sworn deposition testimony that they intend to continue to copy and distribute materials copied directly from the Course even in the face of an order from this Court prohibiting such conduct. One of Defendants' goals is to achieve as widespread a distribution of the Course and its message as possible.

Discussion

Plaintiffs have moved for summary judgment on their claim for federal copyright infringement, and for preliminary injunctive relief to prevent members of Church or students of Endeavor from posting on web sites materials that infringe on Plaintiffs' alleged copyright in the Course. Defendants have cross-moved for summary judgment on all claims.[1] Because resolution of a motion for a preliminary injunction requires inquiry into the likelihood of ultimate success on the merits of the action, the summary judgment motions will be addressed first.

I. The Standard for Summary Judgment

  1. In addition to a claim for federal copyright infringement, the third amended complaint alleges causes of action sounding in federal trademark infringement, false designation of origin and false description, and trademark dilution.

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