Maclean Hunter Market Reports, Inc. (“Maclean”) publishes the “Automobile Red Book-Official Used Car Valuations” (the “Red Book”). The Red Book is published eight times a year, in three different regional versions, and lists the editors’ projections of “average” valuations of used cars up to seven years old sold in that region, broken down by automobile make, model, body style, engine type, options, and mileage. The valuations figures are predictions made by the editors, based on a variety of data and their own professional judgment, and are not based on either historical market prices or quotations, or upon mathematical formulae.
CCC Information Services provides information to customers as to the valuation of used vehicles via a computer database. CCC has been loading Red Book data onto its computer network and has been republishing various forms of Red Book information to its customers. As a result, CCC earned significant revenue, while Maclean has had a significant reduction in its number of subscriptions.
How should the court rule on Maclean’s infringement claim against CCC?