In a lengthy electronic order, Judge Stearns partially granted defendant 2019s motion to dismiss plaintiff 2019s copyright infringement claim relating to accounting software. Baystate alleged that Saasant 2019s competing software misappropriated the look, feel, layout and flow of its own product and associated blog, and that Saasant was using a Baystate trademark. Judge Stearns found that Baystate 2019s complaint did not identify any actual copying of protectable elements of the software, because Baystate 2019s software simply employs standard layouts that represent unprotected ideas or unoriginal expression. To the extent Baystate alleged copying of the specific elements of the layouts, the two programs were not similar enough to suggest copying. Judge Stearns denied the motion to dismiss the trademark, unfair competition, and false endorsement/false association claims.
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