08.29.05 | B&W wins summary judgment of no copyright infringement.

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, Inc.–prevailed today 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, the Court, 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.