Sports Form, Inc., a Nevada Corporation v. United Press International, Inc., a Delaware Corporation

Sports Form, Inc. (Sports Form) appeals from a district court order denying its motion for a preliminary injunction. We affirm.

I

Sports Form disseminates horse racing information to bookmakers in Nevada. It purchases its information from United Press International (UPI) under a contract which requires that UPI furnish and Sports Form purchase three news wires — the Uni-race Wire and the Supplemental Wire, which supply horse racing information, and the Sports Wire, which supplies general sports information.

Sports Form alleges that it contracted for all three wire services only because UPI refused to sell it the Unirace Wire separately and argues that UPI’s insistence on selling the three wire services as a package constitutes an illegal tying arrangement. Sports Form’s complaint sought preliminary and permanent injunctive relief requiring UPI to continue to provide Sports Form the Unirace Wire. It also sought a declaration that it was not required to pay for the Supplemental and Sports Wires and was relieved of liability for services provided before the action was initiated.

UPI alleges that Sports Form requested UPI provide it with the same wire services which it provided to…