United States Sixth Circuit

In a copyright dispute regarding software for filling out legal forms, a judgment dismissing copyright claims against defendant-Lexis Nexis is affirmed where: 1) while plaintiff had a valid copyright in the selection and organization of forms in its compilation, the copyrighted work was not substantially similar to the allegedly infringing product; and 2) plaintiff's selection and placement of input items for its form templates involves too little creativity to warrant copyright protection. However, Rule 12(c) dismissal of a contract claim against defendant is reversed where plaintiff stated a claim since the parties' agreement contained a promise not to sell plaintiff's content after the agreement was terminated.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• Before:  SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas H. Oehmke, Ross, Brovins & Oehmke, Northport, Michigan, for Appellant.  Charles S. Sims, Proskauer Rose, New York, New York, for Appellee.   ON BRIEF:  Thomas H. Oehmke, Ross, Brovins & Oehmke, Northport, Michigan, for Appellant.  Charles S. Sims, Frank Scibilia, Proskauer Rose, New York, New York, for Appellee.