Opinion by Markowitz, J., Denying Plaintiffs' Motion for a Temporary Injunction "Peyton Place", fraud and imposture, or like elements, emerge as essential ingredients for this transmutation. All of the broad principles of "unfair competition” are invoked by plaintiffs, but given their most favorable interpretation, the allegations of misrepresentation and the likelihood of injury to plaintiffs' reputation require further judicial exploration. Most critical to the determination of the present application, proof of irreparable injury pending the trial of this action, the indispensable predicate for injunctive relief preliminary to trial, is totally inadequate. A preliminary injunction is a drastic remedy, and the court's reluctance to so intervene and condemn in this manner and at the stage of the action is heightened by the realization that we are here dealing with a book and not with an ordinary subject of commerce (Paraphrasing Botein, J., in University of Notre Dame v. 20th CenturyFox, 22 App. Div. 2d 452, 457, aff'd 15 N. Y. 2d 940). An application for judicial intervention in, and restraint of, a medium of communication involves more than the particular private interests concerned. The public interest in an unhampered flow of ideas and information, a tenet basic to our society, must be weighed and considered, and ultimately prevail, absent proof of unusual circumstances. Within this framework, the present papers fall short of the burden of proof essential to warrant the extraordinary relief requested, and the application is denied. Defendant has consented to an early trial. Accordingly, plaintiffs may, should they be so advised settle an order so providing. Selig J. Levitan, Esq., Attorney for plaintiffs, 630 Fifth Ave., New York, N. Y. 10020, By: Messrs. Joel T. Camche and Arthur B. Cornfeld, of Counsel. Messrs. Weil, Gotshal & Manges, Attorneys for defendant, 60 East 42nd Street, New York 17, New York, By: Edward C. Wallace, Esq., of Counsel. (2) The Court: May I say, I have read the pleadings and all the other papers which have been filed in connection with the preliminary motion made therewith and I read the opinion of Mr. Justice Jacob Markowitz, so I really find no necessity for an opening statement. I am familiar with the issues. So may I suggest we proceed? (3) LORA ORRMONT, residing at 615 Palmer Road, Yonkers, New York, called as a witness in behalf of the plaintiffs, being first duly sworn, testified as follows: Direct Examination by Mr. Cornfeld: Q. Mrs. Orrmont, will you tell us where you are em ployed? A. Julian Messner, Division of Pocket Books. Lora Orrmont, for Plaintiffs, Direct Q. And in what capacity? A. Vice president and editor. Q. How long have you been employed in that capacity? A. One year. Q. Where were you employed prior to that? Julian Messner, Incorporated. A. By (4) Q. How long have you been working in the publishing industry? A. Just about 15 years. Q. In the course of your employment with Julian Messner, Inc., the predecessor in interest of Pocket Books, did you have anything to do with the publication of Grace Metalious's novels? A. Yes. (5) Q. Are you personally familiar with the circumstances of the acquisition and publication by Messner of Grace Metalious's book entitled Peyton Place? A. Yes, I am. Q. When was that book published by Messner? A. September 24, 1956. Q. I show you this agreement dated August 17, 1955 between Grace Metalious and Julian Messner, Inc. referring to a work entitled "The Tree and the Blossom" and ask you whether this is the publishing contract under which Peyton Place was published? A. Yes, it is. (6) (Agreement received in evidence and marked Plaintiff's Exhibit 1.) By Mr. Cornfeld: Q. I show you this hard cover book published by Julian Messner, Inc. entitled Peyton Place and ask you whether this is the Messner edition of Peyton Place? A. Yes, it is. Lora Orrmont, for Plaintiffs, Direct Q. And this is the hard cover edition published pursuant to the contract entitled "The Tree and the Blossom"? A. Yes, it is. Q. Can you explain the difference in title between "Peyton Place" and "The Tree and the Blossom," just briefly? (7) A. It's quite common. I think that you will rarely find a contract in a publisher's file that has the title of the book as it is subsequently known. A manuscript comes in with a title that a publisher may not feel is saleable enough and, therefore, in the process of working with the author on editorial revisions, a new title is often arrived at. And that's what happened in this case. The Court: All right. Mr. Cornfeld: I introduce it into evidence, your Honor. Mr. Wallace: No objection. (Hard cover edition of Peyton Place was received in evidence and marked Plaintiff's Exhibit 2.) Q. Mrs. Orrmont, I show you this certificate of (8) registration to a claim of copyright, registration No. A252644 and ask whether this was received in due course by Julian Messner, Inc. in connection with the publication and copyright of Peyton Place? A. Yes. Mr. Wallace: No objection. Mr. Cornfeld: I introduce it into evidence. (Certificate of registration received in evidence and marked Plaintiffs' Exhibit 3.) Q. Mrs. Orrmont, did you have any connection with the advertising and publicity and promotion for Peyton Place at the time it was originally published by Juliar Messner, Inc.? A. Yes. Lora Orrmont, for Plaintiffs, Direct Q. Was a part of your duties concerned with the advertising and promotion of the book? A. Working with others, yes. Q. I show you now four advertisements, newspaper display advertisements, concerning Peyton Place and ask you to identify them for the Court, please. A. Yes. They are all advertisements either in consumer media or trade media for the novel Peyton Place. Q. And when were they placed in advertisement (9) media? Approximately when? Contemporaneous with the publication of the novel? A. At various times. Some contemporaneous with publication. Others long after that. Q. In connection with the continuing sale by Messner? A. Right. Mr. Cornfeld: I'd like to offer these four into evidence. (10) Mr. Cornfeld: I'll limit my offer to the advertisements. The Court: So understood. Mr. Wallace: All right. As one exhibit? (Four advertisements received in evidence and marked Plaintiffs' Exhibits 4-A, 4-B, 4-C and 4-D, respectively.) (12) Q. Mrs. Orrmont, approximately how much, in total, was spent by Julian Messner, Inc., in connection with the advertising and promotion of Messner's hard covered edition of Peyton Place? A. About $50,000. Q. Mrs. Orrmont, during what periods of time did Julian Messner spend this money in connection with Peyon Place advertising? A. During the period that Peyton |