21 Cited authorities

Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,349 times 44 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Peter F. Gaito Architecture, LLC v. Simone Development Corp.
602 F.3d 57 (2d Cir. 2010) Cited 436 times 2 Legal Analyses
Holding that "generalized notions of where to place functional elements" are insufficient to establish substantial similarity of protected expression
Streetwise Maps, Inc. v. VanDam, Inc.
159 F.3d 739 (2d Cir. 1998) Cited 292 times
Holding that “the registration certificate relating to the derivative work ... will suffice to permit [the plaintiff] to maintain an action for infringement based on defendants' infringement of the preexisting work”
Tufenkian Import/Export Ventures, Inc. v. Einstein Moomjy, Inc.
338 F.3d 127 (2d Cir. 2003) Cited 189 times
Describing test for substantial similarity regarding copyright infringement claim involving a rug design, which included both protectable and non-protectable elements
Faulkner v. Natl. Geographic Enterprises Inc.
409 F.3d 26 (2d Cir. 2005) Cited 154 times
Holding that disagreement with the Court's decision "is a basis for appeal but not for reconsideration."
Doron Precision Systems, Inc. v. FAAC, Inc.
423 F. Supp. 2d 173 (S.D.N.Y. 2006) Cited 67 times
Finding that "in this district, the only conduct excluded from Noerr-Pennington coverage is conduct that never genuinely intended to influence government action"
Attia v. Society of New York Hosp
201 F.3d 50 (2d Cir. 1999) Cited 70 times 1 Legal Analyses
In Attia v. Society of the New York Hospital, 201 F.3d 50 (2d Cir.1999), for example, the plaintiff had been retained by New York Hospital to design an expansion of its facility over FDR Drive.
Gottlieb Development LLC v. Paramount Pictures Corp.
590 F. Supp. 2d 625 (S.D.N.Y. 2008) Cited 43 times
Finding de minimis use
Dean v. Cameron
53 F. Supp. 3d 641 (S.D.N.Y. 2014) Cited 26 times
Holding that the issue of whether the defendant took inspiration from the plaintiff is irrelevant where there is no substantial similarity to the average lay observer
Bill Diodato Photography, LLC v. Kate Spade, LLC
388 F. Supp. 2d 382 (S.D.N.Y. 2005) Cited 27 times
Finding that elements of photo that were allegedly copied were "non-original, unprotectible elements"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,659 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,313 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Hayuk v. Starbucks Corporation et al

21 Cited authorities

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that "generalized notions of where to place functional elements" are insufficient to establish substantial similarity of protected expression

Holding that “the registration certificate relating to the derivative work ... will suffice to permit [the plaintiff] to maintain an action for infringement based on defendants' infringement of the preexisting work”

Describing test for substantial similarity regarding copyright infringement claim involving a rug design, which included both protectable and non-protectable elements

Holding that disagreement with the Court's decision "is a basis for appeal but not for reconsideration."

Finding that "in this district, the only conduct excluded from Noerr-Pennington coverage is conduct that never genuinely intended to influence government action"

In Attia v. Society of the New York Hospital, 201 F.3d 50 (2d Cir.1999), for example, the plaintiff had been retained by New York Hospital to design an expansion of its facility over FDR Drive.

Finding de minimis use

Holding that the issue of whether the defendant took inspiration from the plaintiff is irrelevant where there is no substantial similarity to the average lay observer

Finding that elements of photo that were allegedly copied were "non-original, unprotectible elements"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Recognizing the United States' adherence to provisions of the Berne Convention of 1886