Legal Opinion

CDN INC., a California Corporation, Plaintiff-Appellee, v. Kenneth A. KAPES, an Individual D/B/A Western Reserve Numismatics, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided December 2, 1999No. 1256PublishedCited by 50 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether prices listed in a wholesale coin price guide contain sufficient originality to merit the protection of the copyright laws.

I

Kenneth Rapes operates a coin business, Western Reserve Numismatics, in Ohio. In response to many inquiries he received regarding the price of coins, Rapes developed “The Fair Market Coin Pricer,” which listed on his internet web page the retail prices of many coins. In order to generate the prices he listed, Rapes used a computer program he developed to create retail prices from wholesale prices. The exact process is…

2Cases cited13 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  3. Mazer v. SteinSupreme Court of the United States · 1954
  4. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
  5. Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930

8 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Yeti by Molly Ltd. v. Deckers Outdoor Corp.Court of Appeals for the Ninth Circuit · 2001
  2. Ets-Hokin v. Skyy Spirits, Inc.Court of Appeals for the Ninth Circuit · 2000
  3. Satava v. LowryCourt of Appeals for the Ninth Circuit · 2003
  4. Satava v. LowryCourt of Appeals for the Ninth Circuit · 2003
  5. New York Mercantile Exchange, Inc. v. IntercontinentalExchange, Inc.Court of Appeals for the Second Circuit · 2007

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API