Tabberone is pronounced tab ber won not tay ber own

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My Web Grocer v. Hometown Info, 375 F.3d 190 (2nd Cir 2004) MyWebGrocer, LLC ("MyWeb") appealed from Judge Sessions's denial of a preliminary injunction that would have barred HomeTown Info. and its CEO Andrew Robinson (collectively "HomeTown") from using grocery product descriptions for online shopping developed and copyrighted by MyWeb. The district court held that MyWeb was unlikely to prevail at trial on its claims because the product descriptions were not sufficiently creative to be copyrightable. Affirmed but on somewhat different grounds. In February 2001, D'Agostino Supermarkets entered into a two year contract with MyWeb to create and maintain its online grocery store. According to claims by MyWeb, the 2003 copyright protects about 18,000 product descriptions on the D'Agostino website. On April 1, 2003, HomeTown activated a new D'Agostino website under a new contract. The product descriptions used on MyWeb's D'Agostino site had been provided to HomeTown by D'Agostino and were used verbatim, except for capitalization, on the new website. While the court of appeals did rule that MyWeb had shown a valid copyright registration which had not been challenged by HomeTown, the analysis of the court over the original aspects of the compliation was slightly in favor of MyWeb. The compliation by MyWeb was taken from product descriptions from the manufacturers. The court found minimal creativity and since the order being appealed was for a preliminary injunctiom, the court was not pursuaded that MyWeb had net all conditions required for an injunction. This case contains a very good discussion of copyrightable material in the context of product descriptions.