EXPERIAN INFO. SOLUTIONS v. NATIONWIDE MARKETING

No. 16-16987.

893 F.3d 1176 (2018)

EXPERIAN INFORMATION SOLUTIONS, INC., Plaintiff-Appellant, v. NATIONWIDE MARKETING SERVICES INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2018.


Attorney(s) appearing for the Case

Robert Unikel (argued), Arnold & Porter Kaye Scholer LLP, Chicago, Illinois; Max Gavron , Oscar Ramallo , and Rhonda R. Trotter , Arnold & Porter Kaye Scholer LLP, Los Angeles, California; for Plaintiff-Appellant.

Mark A. Fuller (argued) and Christopher W. Thompson , Gallagher & Kennedy P.A., Phoenix, Arizona, for Defendant-Appellee.

Marcella Ballard , Venable LLP, New York, New York; Emilio W. Cividanes , Venable LLP, Washington, D.C.; for Amicus Curiae The Direct Marketing Association Inc., D/B/A The Data & Marketing Association.

Before: Mary M. Schroeder and William A. Fletcher, Circuit Judges, and Sara Lee Ellis, District Judge.


OPINION

The novel federal question in this appeal is whether lists of names with addresses are copyrightable when they are the product of a sophisticated process to ensure accuracy and utility. In other words, whether such lists are more like a telephone book, that the Supreme Court has held lacks any creative...

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