Worth's reliance on cases involving infringement of one directory by another, see, e.g., Leon v. Pacific Tel. & Tel. Co., 91 F.2d 484 (9th Cir. 1937) (telephone directories), or one list by another, see, e.g., Eckes v. Card Prices Update, 736 F.2d 859 (2d Cir. 1984), is not persuasive. In Leon, plaintiff's entire selection of names and numbers were copied and listed in numerical instead of alphabetical order. Leon, 91 F.2d at 484-85. In Eckes, the plaintiff published a list of 18,000 common baseball cards and selected 5,000 of those cards as "premium" cards; the defendant's listing selected substantially the same 5,000 cards as "premium" cards. Eckes, 736 F.2d at 860-61.
