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Kregos v. Associated Press
United States Court of Appeals for the Second Circuit
937 F.2d 700 (1991)
Beginning in 1983, George L. Kregos (plaintiff) created and distributed a baseball pitching form that listed information concerning the past performances of opposing pitchers scheduled to start each baseball game of the season. Kregos registered his form with the copyright office. In 1984, Associated Press (defendant) began publishing a pitching form provided by Sports Features Syndicate, Inc. (defendant) that was virtually identical to Kregos’s form. Associated Press and Sports Features later changed their form in certain respects. Notably, Kregos’s pitching form listed nine items of information about each pitcher’s past performance. It was undisputed that prior to Kregos’s pitching form, no form had listed the same nine items collected in his form. It was also undisputed that some but not all of the nine items of information had previously appeared in other forms. On motion for summary judgment, the district court dismissed Kregos’s claim for infringement against Associated Press and Sports Features. Kregos appealed.
Rule of Law
Holding and Reasoning (Newman, J.)
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