Stromback v. New Line Cinema
United States Court of Appeals for the Sixth Circuit
384 F.3d 283 (2004)
Douglas Stromback (plaintiff) wrote a poem, “The Keeper,” as well as a screenplay based on the poem. Stromback shared the poem and screenplay with two parties who passed copies along to New Line Cinema (defendant). After Stromback saw the movie Little Nicky, released by New Line Cinema, he concluded that its similarities to “The Keeper” were too substantial to be coincidence. Stromback brought suit in federal district court for copyright infringement, violation of the Lanham Act, and state-law claims that included commercial misappropriation, misappropriation of trade secrets, and interference with prospective economic advantage. The court granted summary judgment to New Line Cinema on all claims and dismissed the case, not only finding no significant similarities between the works, but also holding that the state-law claims were preempted by the federal Copyright Act. Stromback appealed the dismissal of his claims for commercial misappropriation, trade-secret misappropriation, and tortious interference. The United States Court of Appeals for the Sixth Circuit granted certiorari.
Rule of Law
Holding and Reasoning (Quist, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.