Alaskasland.com, LLC, Appellant v. Kevin Cross D/b/a Cross & Associates and Salman Group; William W. Jacques; Matt…

Summary

The Alaska Supreme Court affirmed summary judgment for the realtors on the developer's claims arising from their use of photographs and an appraisal in an online property listing. It held that the Copyright Act preempted the misappropriation claim as to two photographs, while any passing-off or trade-name theory failed for lack of evidence of deception or actual damages; the appraisal statements were non-defamatory opinions. The court also upheld the enhanced attorney-fee award because the realtors prevailed and the superior court acted within its discretion.