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MYWEBGROCER, LLC v. HOMETOWN INFO, INC.

Docket No. 03-7909.

375 F.3d 190 (2004)

MYWEBGROCER, LLC, Plaintiff-Counter-Defendant-Appellant, v. HOMETOWN INFO, INC., d/b/a Grocery Shopping Network, and Andrew D. Robinson, Defendants-Third-Party-Plaintiffs-Appellees, Richard E. Tarrant, Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 13, 2004.

Attorney(s) appearing for the Case

R. Bradford Fawley (Peter B. Kunin, on the brief), Downs Rachlin Martin PLLC, Brattleboro, Vermont, for Plaintiff-Counter-Defendant-Appellant.

Wayne G. Popham, Popham Law Office, Minneapolis, Minnesota (Steven Bredice, Unsworth, Powell, Barra, Orr & Bredice, PLC, Essex Junction, Vermont, on the brief), for Defendants-Third-Party-Plaintiffs-Appellees.

Before: WINTER, STRAUB, and LAY, Circuit Judges.

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...

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