Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
384 F.3d 283 *; 2004 U.S. App. LEXIS 19229 **; 2004 FED App. 0314P (6th Cir.) ***; 72 U.S.P.Q.2D (BNA) 1545 ****
DOUGLAS ALAN STROMBACK, Plaintiff-Appellant/Cross-Appellee, v. NEW LINE CINEMA, Defendant-Appellee/Cross-Appellant, LARRY HESS, et al., Defendants-Appellees.
Subsequent History: Rehearing denied by Stromback v. New Line Cinema, 2004 U.S. App. LEXIS 21704 (6th Cir., Oct. 8, 2004)
Prior History: [**1] Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 01-73898. John Corbett O'Meara, District Judge.
Stromback v. New Line Cinema, 2002 U.S. Dist. LEXIS 21969 ( E.D. Mich., Oct. 28, 2002)
screenplay, preempted, misappropriation, district court, trade secret, substantially similar, poem, copying, similarities, infringement, copyright infringement, preemption, summary judgment, exclusive right, subject matter, movie, expert testimony, evil, rhyming, qualitatively, misappropriation of trade secrets, copyright protection, state law claim, allegations, murder, scenes, confidential, unauthorized, equivalency, extrinsic
Civil Procedure, Appeals, Standards of Review, De Novo Review, Copyright Law, Copyright Infringement Actions, Civil Infringement Actions, General Overview, Judgments, Summary Judgment, Summary Judgment Review, Standards of Review, Entitlement as Matter of Law, Ownership Rights, Displays, Elements, Copying by Defendants, Presumptions, Scope of Copyright Protection, Collective & Derivative Works, Derivative Works, Business & Corporate Compliance, Adaptations, Infringement, Moral Rights, Reproductions, Ownership Interests, Subject Matter, Statutory Copyright & Fixation, Original Works of Authorship, Copying by Defendants, Access, Substantial Similarity, Relief From Judgments, Extrinsic Tests, Intrinsic Tests, Intrinsic Tests, Ordinary Observer Test, Appropriateness, Standards for Granting Summary Judgment, Online Infringement, Determinations, Evidence, Admissibility, Expert Witnesses, Types of Evidence, Testimony, Expert Witnesses, Helpfulness, Expression & Idea Distinguished, Protected Subject Matter, Limited Protection for Ideas, Literary Works, Characters, Scope of Protection, Demonstrative Evidence, Photographs, Visual Formats, Federal Unfair Competition Law, False Designation of Origin, Reverse Palming Off, Trademark Law, Likelihood of Confusion, Lanham Act, Constitutional Copyright Protections, Federal & State Law Interrelationships, Federal Preemption, Common Law Copyrights, Fixation Requirement, Governments, Fiduciaries, Trade Secrets Law, Federal Versus State Law, Uniform Trade Secrets Act, Courts, Common Law, Trade Secrets Law, Civil Actions, Antitrust & Trade Law, Intellectual Property, Bad Faith, Fraud & Nonuse, Misappropriation Actions, Elements of Misappropriation, Acquisition, Existence & Ownership, Use, International Trade Law, Torts, Intentional Torts, Breach of Fiduciary Duty, Elements, Breach of Confidence, Confidential Relationships, Trade Secret Determination Factors, Confidentiality, Unfair Competition, Reviewability of Lower Court Decisions, Preservation for Review, Economic Value, Protection of Secrecy, Prospective Advantage, Intentional Interference, Business Torts, Commercial Interference, Procedural Matters, Preemption, Defenses