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Stanford Copyright and Fair Use Center. Published on: September 6, 2. EA, creator of The Sims, contracted with a production company called Lithomania to produce a USB flash drive shaped like a “Plumb. Bob,” a gem- shaped icon from the computer game, to promote a “Collector’s Edition” of The Sims. Lithomania in turn contracted with DT to produce a prototype of the Plumb. Bob- shaped flash drive. After DT settled breach of contract claims with Lithomania, DT sued EA under the federal Copyright Act, 1.
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U. S. C. 1. 01 et seq., and the California Uniform Trade Secrets Act (CUTSA), Cal. The district court granted summary judgment to EA. The court held that the district court erred by concluding as a matter of law that the flash drive was not copyrightable, and that there is a genuine issue of material fact as to whether DT’s cut- away design for removing the USB flash drive from the Plumb. Bob object is sufficiently non- functional and non- trivial to warrant copyright protection.
In this case, a reasonable jury could decide these questions in either party’s favor. Therefore, the court reversed as to this claim. The court affirmed the district court’s grant of summary judgment to EA as to the CUTSA claim and held that DT’s design for the flash drive’s removal from the Plumb. Bob object does not derive independent economic value from not being generally known to the public. The court rejected EA’s cross appeal and held that the district court did not clearly err or otherwise abuse its discretion in denying attorneys’ fees for this claim. Electronic Arts” on Justia Law.
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