JUST THE FACTS PLEASE
(This is an archived case summary)
Midway owned the copyright and related trade-marks for the video game “Mortal Kombat". PIL published a book entitled “Strategies for Mortal Kombat" which displayed screen shots from the game and instructed readers about fighting moves that could be used in the game. Midway alleged that PIL's book infringed its copyright and trade-marks. The action proceeded by way of summary judgment.
On the issue of copyright infringement, the court could not make a determination. The critical issue as to whether a substantial portion of Midway's copyrighted material was used in PIL's book was a factual issue not appropriate for summary judgment.
Midway Manufacturing Co. v. Publications International Ltd.