Anthony James Frybarger v. International Business MacHines Corporation, Gebelli Software, Inc., and Nasir Gebelli
Opinion
Opinion
Nelson, J.
Anthony James Frybarger appeals from a summary judgment in favor of IBM Cor poration, Inc., Nasir Gebelli, and Gebelli Software, Inc. (“Gebelli”), in his copyright infringement and Lanham Act action. Frybarger claims that Gebelli copied protected elements of Frybarger’s “TRICKY TRAPPER” drawings, computer program and videogame, in Gebelli’s “MOUSER” storyboard, computer program and videogame, which Gebelli licensed to IBM for use with its PC Jr. personal computer. Frybarger brought an action in United States District Court for the Eastern District of California, alleging federal causes of action for copyright infringement under 17 U.S.C. §§ 101-810 (1982), and unfair competition under the Lanham Act, 15 U.S.C. §§ 1051-1127 (1982), as well as pendent state law claims for misappropriation of trade secrets, unfair competition, conversion and unjust enrichment. The district court granted IBM’s motion for summary judgment on the federal causes of action concluding, as a matter of law, that no reasonable jury could find Gebelli’s works substantially similar to Frybarger’s works. The district court then dismissed Frybarger’s state law claims without prejudice.