Volume II

Issue : 16: August 5, 2004

• U.S. Court of Appeals Denies Injunction in Copyright Dispute over Online Product Descriptions
• U.S. Congress Reviewing Two Bills to Regulate VoIP Services
• Report Outlines Serious Privacy Concerns Regarding Online Pharmacies
• Fifth Circuit Court of Appeal Addresses Mandatory Arbitration Clause
• In First of its Kind, Man Pleads Guilty Under U.S. Internet Harassment Law
• U.S. Court of Appeals Orders New Trial in Trade Secrets Case
• B.C. Government Examines the Implications of the Patriot Act
• California Court of Appeal Rules eBay Not Liable for Comments Posted by User

Home > Volume II > Issue 16: August 5, 2004 > U.S. Court of Appeals Denies Injunction in Copyright Dispute over Online Product Descriptions

U.S. Court of Appeals Denies Injunction in Copyright Dispute over Online Product Descriptions

In a recent decision, an online grocer, MyWebGrocer LLC, sought a preliminary injunction against Hometown Info, Inc. in a copyright suit following Hometown's copying of MyWebGrocer's 18,000 food product descriptions. Hometown had commenced hosting and other services for a former MyWebGrocer client.

The U.S. Court of Appeals (Second Circuit) affirmed a denial of the injunction by the District Court. Specifically, the Court found although MyWebGrocer may have copyright in the selection and arrangement of descriptive grocery item information providing fair grounds for litigation as a prerequisite for preliminary injunctive relief, the balance of hardships did not favor such an injunction as it would force the online grocery (client of Hometown) to cease its operations.

For a copy of the decision, visit:

http://caselaw.lp.findlaw.com/data2/circs/2nd/037909p.pdf