tailieunhanh - IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

My interpretation of your program is that most sales people need a marketing program. From my research and work with clients I see one key reason being that most marketing departments are unable to supply sales people with a consistent flow of quality leads. I think your advice is extremely practical and important for 95% of the sales people out there (myself included as a small business owner) who cannot rely on their marketing department to supply the leads they need to fill their sales funnel. In the real world of sales "self-sufficiency" is certainly the way. | PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT---------FrEpn----- FILED . COURT OF APPEALS ELEVENTH CIRCUIT JULY 08 2008 No. 05-15129 THOMAS K. KAHN CLERK . Docket No. 04-61178-CV-PCH PETER LETTERESE AND ASSOCIATES INC. a Florida corporation Plaintiff-Appellant versus WORLD INSTITUTE OF SCIENTOLOGY ENTERPRISES INTERNATIONAL RELIGIOUS TECHNOLOGY CENTER INC. CHURCH OF SCIENTOLOGY INTERNATIONAL INC. all California corporations CHURCH OF SPIRITUAL TECHNOLOGY Defendants-Appellees. Appeal from the United States District Court for the Southern District of Florida July 8 2008 Before TJOFLAT HULL and BOWMAN Circuit Judges. Honorable Pasco M. Bowman II United States Circuit Judge for the Eighth Circuit sitting by designation. TJOFLAT Circuit Judge The parties in this case disagree over the scope of copyright protection in a book about sales techniques authored by the late Leslie Achilles Les Dane. Peter Letterese Associates Inc. PL A the exclusive licensee of the copyright in Dane s book claims that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of the book into their instructional course materials and seeks declaratory and injunctive relief. On cross-motions for summary judgment the district court assumed that the infringement was occurring as alleged but ruled for defendants. The court did so on two alternative grounds the infringement was permissible under the fair use doctrine and PL A s suit was barred by laches. PL A now appeals. We uphold the district court s decision as to three claims but find error in the court s application of the fair use doctrine and the laches defense to a remaining claim. We therefore affirm in part and vacate and remand in part. The organization of this opinion proceeds as follows. Part I presents the factual background and procedural history of the case. Part II affirms the grant of summary judgment with respect to two claims alleging that .