Identity Arts, LLC v. Best Buy Enterprise Service, Inc.
Identity Arts, LLC v. Best Buy Enterprise Service, Inc.
Opinion of the Court
MEMORANDUM
The district court did not err by granting Best Buy’s motion for judgment on the pleadings. The cell phone courtesy messages at issue are not substantially similar as a matter of law because Best Buy copied only Identity Arts’s idea, not its pro-tectable expression. See 17 U.S.C. § 102(b); Funky Films, Inc. v. Time Warner Entm’t Co., 462 F.3d 1072, 1077 (9th Cir. 2006).
Moreover, the license agreement between the parties expressly permits Best Buy to make its own cell phone courtesy messages styled as faux movie trailers. Cf. S.O.S., Inc. v. Payday, Inc., 886
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
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