Author of the huge best-seller “The Da Vinci Code,” Dan Brown, and Random House have filed suit in a Manhattan District Court against Lewis Perdue, author of “The Da Vinci Legacy” and “Daughter of God.”

They are asking for “a declaration that ‘The Da Vinci Code’ does not infringe Perdue’s copyright.” The filing asserts that, “Apart from stock elements common to the thriller genre or fundamental historical and religious facts and beliefs, ‘The Da Vinci Code’ is striking dissimilar to Perdue’s books.”

Random House’s action stems from accusations of infringement Mr. Perdue first made in a letter in May 2003. He recently retained attorney Michael Plonsker, and they indicated to Random House their intention to sue for copyright infringement if a settlement could not be worked out.

Mr. Plonsker said in a statement that Mr. Perdue “views the complaint as a good sign because it shows that Random House is finally taking the issue seriously.” Mr. Plonsker asserts that the filing “ignores the overwhelming evidence of substantial and striking similarities, and as might be expected, offers a carefully crafted spin to avoid addressing substantive issues of fact.”

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The country’s third-largest bookselling chain, Books-A-Million, announced Monday it is lowering its earnings guidance for both the third quarter and fiscal year 2005 by 2 cents a share, “to reflect the expected impact of property damage and reduced sales” following numerous hurricanes in the southeast. The company says that it “has experienced a loss of sales resulting from temporary closings of approximately 35 stores for periods ranging from two to seven days, as well as significant property damage to three stores.”

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Scholastic reported a net loss for its first quarter of $50.3 million, up sharply from a loss of $24.8 million in what is historically its weakest quarter. Revenues fell to $324 million from $475 million a year ago. Comparisons suffer mightily next to last year’s summer release of “Harry Potter and the Order of the Phoenix,” which produced approximately $170 million in sales during the quarter. The company says that non-Potter related trade revenues rose 8% during the quarter.

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The shortlist for Britain’s prestigious Booker Prize was announced and as usual, some early favorites (such as Susanna Clarke’s touted first novel “Jonathan Strange & Mr. Norrell”) were overlooked. The clear favorite in the eyes of London’s bookmakers is David Mitchell’s “Cloud Atlas.” The other finalists are Colm Toibin’s “The Master,” Alan Hollinghurst’s “The Line of Beauty,” Achmat Dangor’s “Bitter Fruit,” Sarah Hall’s “The Electric Michelangelo,” and Gerard Woodward’s “I’ll Go to Bed At Noon.”