Lombardo et al v. Dr. Seuss Enterprises, L.P.
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|September 15, 2017
OPINION AND ORDER GRANTING DECLARATORY JUDGMENT FOR PLAINTIFFS AND DISMISSING DEFENDANT'S COUNTERCLAIMS re: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)], filed by Who's Holiday Limited Liability Company, Matthew Lombardo, 48 MOTION to File Amicus Brief, filed by Dramatists Legal Defense Fund., Motions terminated: 44 MOTION for Judgment on the Pleadings [Fed. R. Civ. P 12(c)], filed by Who's Holiday Limited Lia bility Company, Matthew Lombardo, 48 MOTION to File Amicus Brief, filed by Dramatists Legal Defense Fund. For the reasons stated herein, plaintiffs' motion is granted. The Play constitutes fair use and therefore does not infr inge defendant's copyright in Grinch or related trademarks. Defendant's counterclaims are dismissed. Defendant's state law unfair competition and trademark dilution claims are dismissed for the same reasons. See Kregos v. Associated Press, 795 F. Supp. 1325, 1336 (S.D.N.Y. 1992) ("[T]he standards for§ 43(a) claims under the Lanham Act and unfair competition claims under New York law are virtually the same."); Charles Atlas, Ltd. v. DC Comics, Inc., 112 F. Supp. 2d 330, 341(S.D.N.Y.2000) (finding risk of confusion "clearly outweighed by the public interest in parodic expression" and dismissing state law trademark dilution and unfair competition claims "because they are based on the same perm issible conduct."); Yankee Publishing, 809 F.Supp. at 282 (finding that the "same First Amendment considerations that limit a cause of action under the Lanham Act apply also to a cause of action under New York law."). For these rea sons, plaintiffs' motion for judgment on the pleadings and dismissal of defendant's counterclaims is granted. The Clerk shall terminate the motion, and all related motions (Dkt. Nos. 44, 48). The Play constitutes fair use and does not infr inge defendant's copyright in Grinch. The Clerk shall enter judgment granting judgment to plaintiffs and dismissing the counterclaims, and shall tax costs in favor of plaintiffs. The Clerk shall mark the case closed, and as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 9/15/2017) (ras)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?