DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033112P.pdf 10/19/2004 Rita Mulchay v. Cheetah Learning LLC
U.S. Court of Appeals Case No: 03-3112
District of Minnesota
Civil case - copyright. The district court erred in granting Mulcahy a
partial summary judgment and injunctive relief on her claim Cheetah had
infringed her copyright on study materials for the Project Management
Professional Exam given by the Project Management Institute because
there were genuine issues of material fact as to: (1) whether Mulchay's
materials infringe on the Institute's exclusive right to prepare derivative
works based on its preexisting copyrighted work and (2) whether
Mulcahy's course materials are a fair use of the Institute's work.
[PUBLISHED] [Loken, Author, with Bright and Smith, Circuit Judges]