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IMAGE SOFTWARE, INC. v. REYNOLDS AND REYNOLDS CO.

No. 04-1533.

459 F.3d 1044 (2006)

IMAGE SOFTWARE, INC., a Colorado corporation, Plaintiff-Appellant, v. The REYNOLDS AND REYNOLDS COMPANY, an Ohio corporation; Colorado Import Motors Limited, a Colorado corporation; Dellenbach Chevrolet, Inc., a Colorado corporation; Mike Naughton Ford, Inc., a Colorado corporation; Owen Faricy Motor Company, a Colorado corporation; Gebhardt Automotive, Inc., a Colorado corporation; McCaddon Oldsmobile-Cadillac, Inc., a Colorado corporation; Broadway Dodge, a Colorado corporation; Fischer Chevrolet, Inc., a Colorado corporation; Glenwood Springs Motors, a Colorado corporation; Karico, Inc. (Pro-Chry Jeep), a Colorado corporation; Korf Motors, a Colorado corporation; Luby Chevrolet, a Colorado corporation; Markley Motors, a Colorado corporation; Medved Chevrolet, Inc., a Colorado corporation; Penkhus Motor, a Colorado corporation; Roth Chevrolet, Inc., a Colorado corporation; Sellers, Inc, a Colorado corporation; Weaver Beatty, a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 23, 2006.

Attorney(s) appearing for the Case

James A. Jablonski, Gorsuch Kirgis LLP, Denver, CO, for Plaintiff-Appellant.

David A. Rabin, Morris, Manning & Martin, L.L.P., Atlanta, GA (Jo Ann M. Zboyan, Springer & Steinberg, P.C., Denver, CO, and Jeffrey S. George, Hogan & Hartson, L.L.P., Colorado Springs, CO, with him on the briefs), for Defendants-Appellees.

Before TACHA, Chief Judge, EBEL, and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

1mage Software, Inc. ("1mage") appeals the district court's decision compelling arbitration, in Ohio, of a dispute arising under a software licensing agreement. Before reaching the merits of this appeal, we must address two potential problems with the district court's jurisdiction. First, we conclude the district court had subject matter jurisdiction based upon the federal question presented by Image's claim asserted under the Copyright Act. In...

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