Header graphic for print
Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Nielson Marketing Area Maps are Protectable

Posted in Summary Judgment

The Nielsen Co. (US), LLC v. Truck Ads, LLC, No. 08 C 6446, Slip Op. (N.D. Ill. Aug. 29, 2011) (Pallmeyer, J.).

Judge Pallmeyer granted in part plaintiff Nielsen’s motion for summary judgment and denied defendant Truck Ad’s cross-motion in this copyright case involving Nielsen’s marketing area maps for television and other media. The Court held that Nielsen had valid copyrights in its maps:

  • The fact that Arbiton may have made the maps first did not prevent Nielsen’s copyright because of Nielsen’s original contribution to its maps.
  • Nielsen’s maps were not merely factual; Truck Ad’s comparison to the white pages was imperfect.
  • The FCC’s use of the maps did not bring them into the public domain.

The court held that there were questions of fact as to infringement, including: 

  • Truck Ad’s access to the copyrighted maps;
  • The similarity between Nielsen’s and Truck Ad’s maps; and
  • Truck Ad’s defense of independent creation.