Princess Cruises, Inc. v. Amrigon Enterprises Inc.

MEMORANDUM **

Appellee Princess Cruises, Inc. (“Princess”) filed this action against the Appellant, Amrigon Enterprises, Inc. (“Amrigon”), a corporation that provides direct marketing and telemarketing services. Amrigon refused to transfer Princess’ passenger information when Princess replaced Amrigon with Verity, another database service provider. Amri-gon challenges the district court’s grant of summary judgment in favor of Princess on Amrigon’s counterclaims for copyright infringement, trade secret misappropriation, breach of confidentiality, and breach of contract.

In order to establish copyright infringement, Amrigon must prove “copying of constituent elements of the work that are original.” Feist Publications v. Rural Tel. Serv. Co., 499 U.S. 340, 361 , 111 S.Ct. 1282 , 113 L.Ed.2d 358 (1991) (citation omitted). In support of its motion for summary judgment, Princess presented evidence showing that the Verity database did not contain any protectable features from the Amrigon database. In contrast, Amrigon has not pointed to any evidence raising a material issue of fact as to an “original” element.

Amrigon also contends that the district court erred in considering a…