Page:Data East USA v. Epyx.pdf/7

 year-old boy could not regard the works as substantially similar. Accordingly, Data East’s copyright was not infringed on this basis either.

Because we reverse in its entirety the district court’s finding of copyright infringement, it follows that the injunction was improvidently granted. Accordingly, we remand to the district court to lift the injunction.

Each party is to bear its own costs.

REVERSED and REMANDED.