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CDN INC. v. KAPES

No. 98-55555.

197 F.3d 1256 (1999)

CDN INC., a California corporation, Plaintiff-Appellee, v. Kenneth A. KAPES, an individual d/b/a Western Reserve Numismatics, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Bob Clark, Jr. (argued), Los Angeles, California, for the defendant-appellant.

Gary Phillips (argued), Beverly Hills, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether prices listed in a wholesale coin price guide contain sufficient originality to merit the protection of the copyright laws.

I

Kenneth Kapes operates a coin business, Western Reserve Numismatics, in Ohio. In response to many inquiries he received regarding the price of coins, Kapes developed "The Fair Market Coin Pricer," which listed on his internet web page the retail prices of many coins. In order...

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