B&W Wins Summary Judgment of No Copyright Infringement
September 29, 2005

Banner & Witcoff is pleased to announce that a legal team representing prominent video-game manufacturers and developers–Team Play, Inc., P&P Marketing, Inc., and Cosmodog, Ltd.–prevailed on a motion for summary judgment of no copyright infringement in Team Play et al. v. Stephen W. Boyer d/b/a Skyboy Productions.

The two, full-size, arcade, video games at issue on this motion were Sharpshooter and Police Trainer® 2. In 1997, P&P Marketing paid Mr. Boyer on a contract development basis to make portions of the Sharpshooter game. P&P Marketing then manufactured and sold the Sharpshooter game. Years later, Cosmodog independently created a video game called Police Trainer® 2. Cosmodog contracted with Team Play to manufacture and sell Police Trainer® 2. As a result of the foregoing, Mr. Boyer claimed that Team Play, P&P Marketing, and Cosmodog allegedly infringed Mr. Boyer’s copyright registration in the Sharpshooter game.

On September 29, 2005, a federal court in Chicago held that there was no copying of source code from Sharpshooter to Police Trainer® 2. In addition, the Court held that there was no substantial similarity between any of the graphical art in the two games.

The legal team on this case representing Team Play, P&P Marketing, and Cosmodog included Banner & Witcoff attorneys Tim Meece, Mark Banner, and Jason Shull as well as Sheri Pellegrini from the Law Offices of Sheri Pellegrini. The decision citation is Team Play, Inc. v. Boyer, __ F.Supp.2d __, 2005 WL 2413344 (N.D.Ill. Sep 28, 2005) (NO. 03 C 7240).

Police Trainer 2:

Please note, the facts of every case are different. Prior results don’t guarantee future success.
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