Publishers Scholastic Inc and author JK Rowling are to sue the New York Daily News for allegedly publishing excerpts from the new Harry Potter book before its official publication date.
The newspaper picked up a copy of 'Harry Potter and the Order of the Phoenix' in a New York health food store despite the fact that the book is not released until Saturday.
The lawsuit claims the New York Daily News damaged the author's intellectual property rights and harmed a multi-million marketing campaign.
A Daily News spokesman said the paper would "vigorously defend any action" and was confident it had done nothing wrong journalistically or legally.