Futuredontics, Inc. v. Applied Anagramics, Inc. et al. 

Futuredontics claimed copyright infringement and unfair competition when Applied Anagramics linked to and framed the Futuredontics website.   Futuredontics argued that such framing creates a derivative work, while Applied Anagramic claimed their link allowed viewers to see material that Futuredontics placed on the Web.  On January 30, 1998, the U.S. District Court for the Central District of California denied the defendant's motion to dismiss the case stating that the defendant's actions may have constituted the creation of a derivative work.  On July 23, 1998, the U.S. Court of Appeals for the Ninth Ciruit affirmed a November 24, 1997 ruling that denied the plantiff's request for a preliminary injunction.  The court stated that the plaintiff failed to offer sufficient evidence that the defendant created a derivative work, to show that the framing created irreparable injury or that the balance of hardships tips sharply in its favor.