Helen Walker v. University Books, Inc.

This is an appeal by the plaintiff from a summary judgment in favor of the defendants. Walker v. University Books, Inc., et a1., 193 U.S.P.Q. 596 (N.D.Cal.1977). Appellant originally brought this action for copy right infringement, unfair competition resulting from misappropriation of trade secrets, and fraud. The latter count has been dismissed and is not in issue on appeal. For reasons hereinafter appearing, we affirm in part, reverse in part, and remand.

Walker copyrighted and published a set of 72 cards which she entitled “I Ching Cards” and which are designed to aid in the instruction of an ancient Chinese method of divination or fortune-telling. Appellant concedes that her cards were an adaptation of the James Legge translation of the I Ching, a work in the public domain. The validity of her original copyright of the format is not in issue on appeal. In the fall of 1971, the appellant determined to enlist the aid of a professional New York publishing firm in the marketing of her cards and, pursuant to this goal, met and conferred with Defendant-Appellee Sol Weinreich, president of Appellee Noble Offset Printers, Inc. Weinreich introduced Appellant to Felix Morrow who had…