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BRILLIANCE AUDIO v. HAIGHTS CROSS COMMUNICATIONS

No. 05-1209.

474 F.3d 365 (2007)

BRILLIANCE AUDIO, INC., Plaintiff-Appellant, v. HAIGHTS CROSS COMMUNICATIONS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 26, 2007.

Attorney(s) appearing for the Case

ARGUED: Terence J. Linn, Van Dyke, Gardner, Linn & Burkhart, Grand Rapids, Michigan, for Appellant. R. David Hosp, Goodwin Procter, Boston, Massachusetts, for Appellees. ON BRIEF: Terence J. Linn, Timothy A. Flory, Karl T. Ondersma, Van Dyke, Gardner, Linn & Burkhart, Grand Rapids, Michigan, for Appellant. R. David Hosp, Mark S. Puzella, Goodwin Procter, Boston, Massachusetts, for Appellees.

Before: KENNEDY and GIBBONS, Circuit Judges; DONALD, District Judge.

KENNEDY, J. (p. 374-75), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant Brilliance Audio ("Brilliance") appeals from the district court's dismissal of its claims for copyright and trademark infringement under Fed. R.Civ.P. 12(b)(6). This case presents a question that has not been considered by this or any other court—whether the record rental exception...

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