Utah publisher sued for copyright infringement

LAYTON — A lawsuit has been filed against the publisher of many Utah history textbooks for an alleged violation of federal copyright law.

Almost 50 violations are listed in the July 23 lawsuit against Layton-based Gibbs Smith and Nevada author Jacquelyn Von Tobel, who wrote "The Design Directory of Window Treatments" under a 2007 copyright. The 600-page book and accompanying CD-ROM sell for between $40 and $60.

Gibbs Smith also sells books such as "The Utah Journey" by Richard Holzapfel and "101 Things to Do With a Slow Cooker" by Stephanie Ashcraft and Janet Eyring.

Von Tobel used several patterns created by Marylan Borchardt of North Carolina in her book, according to the initial complaint filed in Charlotte, N.C. The filing includes a copy of an e-mail message Von Tobel sent to Borchardt.

"I had to make a decision on whether to go ahead and include your company or omit it. I felt it would be a disservice to you and to the readers of the book not to include one of the most prominent sources in the industry," the message reads. "I made the decision to go ahead and include M'Fay," Von Tobel wrote, according to court papers.

Von Tobel and the publishing company did not return phone calls and e-mail messages from the Deseret News.

Borchardt and her attorneys have asked the federal court in Charlotte to order seizure and destruction of all copies of Von Tobel's work. They also seek an order barring all future infringement of Borchardt's copyrights and trademark and want awards of money damages, litigation costs and attorney fees. The pattern designer requested that the damages be increased "due to the willful conduct" of the defendants.

e-mail: rpalmer@desnews.com