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Sinclair L.D. Johnson International, Inc. v. Faulkner Nissan Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 9, 2010

SINCLAIR L.D. JOHNSON INTERNATIONAL, INC. AND SINCLAIR L.D. JOHNSON, PLAINTIFFS
v.
FAULKNER NISSAN INC. D/B/A FAULKNER NISSAN, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 9th day of March, 2010, upon consideration of the report (Doc. 86) of the magistrate judge, recommending that defendant's motion (Doc. 52) for summary judgment be granted, holding that plaintiffs' written material is not entitled to copyright protection, and alternatively concluding that the material defendant allegedly copied is not sufficiently similar to plaintiffs' copyrighted material, and, following an independent review of the record, it appearing that plaintiff has copyrighted the terms "Test Market Pricing" and "Special Notice Collection," and claims that defendant infringed upon his copyright by using these terms in advertisement mailers, and the court finding that plaintiffs' terms are not entitled to copyright protection as either phrases*fn1 or ideas,*fn2 and that even if copyright protection were extended to plaintiffs' phrases, there is no substantial similarity between plaintiffs' copyrighted material and defendant's advertisements,*fn3 and it appearing that neither party has objected to the findings of the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn4 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 86) is ADOPTED.

2. Defendant's motion for summary judgment (Doc. 52) is GRANTED.

3. The Clerk of Court is directed to enter JUDGMENT in favor of defendant and against plaintiffs on all claims.

4. The Clerk of Court is directed to CLOSE this case.


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