More court action on Malcolm X Diary

From Publisher’s Lunch:

The heirs to Malcolm X’s estate will know after a court hearing today whether the temporary restraining order blocking Third World Press’s planned publication of the civil rights leader’s final writings THE DIARY OF MALCOLM X will hold. The estate, under a new umbrella company called X Legacy LLC, sued Third World Press in New York’s Southern District Court earlier this month, and the TRO was granted on a preliminary basis on November 8, the day the suit was filed. The book was originally scheduled for publication on November 15.

In a separate letter delivered to presiding Judge Laura Swain on Thursday protesting the defendants request for a delay, the plaintiffs allege that Third World Press has ignored the TRO and “proceeded to promote, publish, offer for sale and sell the Infringing Work, and has, to date, taken no steps to prevent the sale of the Infringing Work by third parties to whom it supplied the Infringing Work.” They complain that “it was only through the eff0rts of X Legacy that the Infringing Work was removed from the websites of Barnesandnoble.com and Amazon.com.”

A pre-trial conference in the case has also been set for February 7, 2014.

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