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MESHWERKS, INC. v. TOYOTA MOTOR SALES U.S.A., INC.

No. 06-4222.

528 F.3d 1258 (2008)

MESHWERKS, INC., a Utah corporation, Plaintiff-Appellant, v. TOYOTA MOTOR SALES U.S.A., INC., a California corporation; Grace & Wild, a Michigan corporation doing business as Division X; 3D Recon, a Utah limited liability company; Saatchi & Saatchi North America, a California corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 17, 2008.

Attorney(s) appearing for the Case

Lewis M. Francis (Jerome Romero with him on the briefs) of Jones Waldo Holbrook & McDonough PC, Salt Lake City, UT, for Plaintiff-Appellant.

Brian D. Wassom of Honigman Miller Schwartz and Cohn LLP, Detroit, MI (Michael A. Lisi of Honigman Miller Schwartz and Cohn LLP, Detroit, MI and Arthur B. Berger of Ray Quinney & Nebeker P.C., Salt Lake City, UT, with him on the brief), for Defendants-Appellees Toyota Motor Sales, Inc., Grace & Wild, Inc. and Saatchi & Saatchi North America, Inc.

Stephen Quesenberry and J. Bryan Quesenberry of Hill, Johnson & Schmutz, Provo, UT, for Defendant-Appellee 3D Recon, LLC.

Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.

GORSUCH, Circuit Judge.

This case calls on us to apply copyright principles to a relatively new technology: digital modeling. Meshwerks insists that, contrary to the district court's summary judgment determination, its digital models of Toyota cars and trucks are sufficiently original to warrant copyright protection. Meshwerks' models, which form the base layers of computerized substitutes for product photographs in advertising, are unadorned, digital wire-frames...

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