Direct Technologies, LLC v. Electronic Arts, Inc.

OPINION

GOULD, Circuit Judge:

Electronic Arts (EA) is the creator of The Sims, a popular computer game. EA contracted with a production company called Lithomania to produce a USB flash drive shaped like a “PlumbBob,” a gem-shaped icon from the computer game, to promote a “Collector’s Edition” of The Sims. Lithomania in turn contracted with Direct Technologies (DT) to produce a prototype of the PlumbBob-shaped flash drive. EA approved the prototype, but DT’s prototype was shipped to a company in China to make essentially the same flash drives for $0.50 cheaper per unit than DT proposed.

After DT…