Page:National Fire Protection Association v. UpCodes (2021).pdf/1



Plaintiff National Fire Protection Association, Inc. (NFPA) seeks a preliminary injunction prohibiting Defendant UpCodes, Inc. “from infringing by any means, directly or indirectly, NFPA’s exclusive rights under § 106 of the Copyright Act … including by reproducing, distributing, or displaying NFPA’s copyrighted standards … or creating derivative works thereof.” Dkt. 13 (Mot.) at 1. UpCodes opposes. Dkt. 26 (Opp’n). The Court deems this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. For the reasons stated below, the motion is DENIED.

NFPA is a nonprofit organization “devoted to eliminating death, injury, and property and economic loss due to fire, electrical, and related hazards.” Dkt. 13-2 (Pauley Decl.) ¶ 2. NFPA publishes more than 300 standards for installations, including the National Electrical Code (NEC). ¶¶ 4, 7. The NEC addresses, among other subjects,