The Reynolds and Reynolds Company v. Smart Source, LLC et al, Civil Action No. 1:23-cv-02086-ELR (N.D. Ga., May 9, 2023)

A company in the automotive support industry has sued a competitor for alleged copyright violations involving business forms. Plaintiff Reynolds and Reynolds Company “creates, develops, distributes, and sells business forms to members of the automotive industry . . . for use in effectuating automobile purchase, finance, and lease transactions.” Complaint ¶ 7. Two such business forms are “Form 228RS-U” and “Form 228,” each entitled Agreement to Furnish Insurance Policy. Plaintiff’s federal protection for the original works of authorship are U.S. Copyright Reg. No. 5-183-566 and U.S. Copyright Reg. No. Txu-228-374.

Plaintiff accuses Defendants of unauthorized reproduction and distribution of their copyrighted forms. According to the Complaint, “Defendants obtained physical possession of or otherwise viewed Plaintiff’s Copyrighted Work, and intentionally copied and made a derivative work of the Copyrighted Work to create the Infringing Work. That Defendants copied the Copyrighted Work when they created the Infringing Work is evidenced by the striking similarities between the Copyrighted Work and the Infringing Work, which cannot possibly be explained other than as a result of copying and Defendants’ access to the Copyrighted Work based on the widespread dissemination of the Copyrighted Work in the United States.” Complaint ¶ 22.

The Complaint alleges a single count for federal copyright infringement pursuant to 17 U.S.C. § 501.

The case has been assigned to Judge Eleanor Ross.