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FRYBARGER v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 86-2004.

812 F.2d 525 (1987)

Anthony James FRYBARGER, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Gebelli Software, Inc., and Nasir Gebelli, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

George M. Schwab, San Francisco, Cal., for plaintiff-appellant.

Paul C. Saunders, New York City, R. Michael West, Sacramento, Cal., for defendants-appellees.

Before NELSON, KOZINSKI and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

Anthony James Frybarger appeals from a summary judgment in favor of IBM Corporation, Inc., Nasir Gebelli, and Gebelli Software, Inc. ("Gebelli"), in his copyright infringement and Lanham Act action. Frybarger claims that Gebelli copied protected elements of Frybarger's "TRICKY TRAPPER" drawings, computer program and videogame, in Gebelli's "MOUSER" storyboard, computer program and videogame, which Gebelli...

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