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16 DePaul-LCA J. Art & Ent. L. 191 (2005-2006)
Incredible Technologies, Inc. v. Virtual Technologies, Inc.

handle is hein.journals/dael16 and id is 195 raw text is: INCREDIBLE TECHNOLOGIES, INC. V. VIRTUAL TECHNOLOGIES, INC. 400 F.3d 1007 (7th Cir. 2005) I. INTRODUCTION In Incredible Technologies, Inc. v. Virtual Technologies, Inc., the United States Court of Appeals for the Seventh Circuit had to determine whether federal law protected the constituent elements of Golden Tee, a popular video golf game, from copyright and trade dress infringement by the manufacturer of PGA Tour Golf, a rival video game.' In February of 2003, Golden Tee's creator and manufacturer, Incredible Technologies, Inc. (IT), filed claims of copyright and trade dress infringement against Virtual Technologies, Inc., dlb/a Global VR (Global), creator of PGA Tour Golf, in the United States District Court for the Northern District of Illinois.2 IT alleged that Global infringed its copyrights in Golden Tee's instructional display and video game imagery, and that Global infringed on Golden Tee's trade dress.3 The district court denied IT's request for a preliminary injunction, concluding that IT had failed to demonstrate a likelihood of success on the merits of either of its copyright claims or its trade dress claim.4 On appeal, the Seventh Circuit in Incredible Technologies held that, notwithstanding the substantial similarity between Golden Tee and PGA Tour Golf, Golden Tee's instructional display, video game imagery, and trade dress were not entitled to protection from 1. Incredible Techs., Inc. v. Virtual Techs., Inc., 400 F.3d 1007 (7th Cir. 2005). 2. Id. at 1010. 3. Id. at 1010-11. 4. Id. at 1010.

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