Arcade Game Maker Entitled to no Protection from Competitor’s Intentional Copying

The U.S. Court of Appeals for the Seventh Circuit has affirmed the denial of a preliminary injunction in a copyright case even as it observed that the defendant clearly set out to copy the plaintiff’s product. Incredible Technologies, Inc. v. Virtual Technologies, Inc., 400 F.3d 1007 (Seventh Cir. Mar. 15, 2005) (Evans, J.). The Court indicated success on the merits was unlikely because the plaintiff was seeking to protect generic and functional features of its product not protected under the copyright laws.

Incredible Technologies, makers of the Golden Tee video arcade game, sued Virtual Technologies (d/b/a Global VR) for copyright infringement over its competing video arcade game, PGA Golf Tour. Even though the Court found PGA Golf Tour uses the same control panel and "trackball" system "so that a Golden Tee player could play the new game with no appreciable leaning curve," it affirmed the denial of the injunction on the grounds that "ideas—as opposed to their expression—are not