Legal Opinion

MyWebGrocer, LLC v. Hometown Info, Inc.

Court of Appeals for the Second Circuit

Decided July 13, 2004No. Docket No. 03-7909PublishedCited by 44 opinions

1Opinion of the Court

WINTER, Circuit Judge.

MyWebGrocer, LLC (“MyWeb”) appeals from Judge Sessions’s denial' of a preliminary injunction that would have barred HomeTown Info, and its CEO Andrew Robinson (collectively “HomeTown”) from using grocery product descriptions for online shopping developed and copyrighted by MyWeb. The district court held that MyWeb was unlikely to prevail at trial on its claims because the product descriptions were not sufficiently creative to be copyrightable. We affirm but on somewhat different grounds.

BACKGROUND

MyWeb and HomeTown are competitors in the business of developing and…

2Cases cited7 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Computer Associates International, Inc., Plaintiff-Appellant-Cross-Appellee v. Altai, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1992
  3. Thomas Walker v. Time Life Films, Inc., David Susskind, Gill Champion, Martin Richards and Heywood GouldCourt of Appeals for the Second Circuit · 1986
  4. Merkos L'InyoneI Chinuch, Inc. v. Otsar Sifrei Lubavitch, Inc.Court of Appeals for the Second Circuit · 2002
  5. Hamil America, Inc. v. GFICourt of Appeals for the Second Circuit · 1999

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3Cited by44 opinions

  1. Innovation Ventures, LLC v. Ultimate One Distributing Corp.District Court, E.D. New York · 2016
  2. CJ PRODUCTS LLC v. Snuggly Plushez LLCDistrict Court, E.D. New York · 2011
  3. Scholz Design, Inc. v. Sard Custom Homes, LLCCourt of Appeals for the Second Circuit · 2012
  4. Mywebgrocer, Llc v. Hometown Info, Inc.Court of Appeals for the Second Circuit · 2004
  5. In Re Millenium Seacarriers, Inc., Debtors. Jamaica Shipping Company Limited v. Orient Shipping Rotterdam, B v. in Re Millenium Baltic, Inc., Debtor. Orient Shipping Rotterdam, B v. V. Jamaica Shipping Company LimitedCourt of Appeals for the Second Circuit · 2006

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