· 7/11/2008
Atrium Group De Ediciones Y Publicaciones, S.L. v. Harry N. Abrams, Inc.
Citations
- 565 F. Supp. 2d 505
- 2008 U.S. Dist. LEXIS 53945
- 2008 WL 2743517
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Dastar required dismissal of false designation of origin claim, where plaintiff alleged that defendants’ architecture and design books contained “the exact photographs, layout, design and creative content” as plaintiff’s works
- “Rule 8(d)(2) of the Federal Rules of Civil Procedure does not purport to override § 301 preemption.”
- “[D]eception is not the sort of element that would cause claims for unjust enrichment or misappropriation to be qualitatively different from the Federal Copyright Act.” (internal quotation marks omitted)
- “[D]eception is not the sort of element that would cause claims for unjust enrichment or misappropriation to be qualitatively different from the Federal Copyright Act.” (internal quotation marks omitted)
- “The Second Circuit has held that the Copyright Act preempts a state law claim for unjust enrichment unless the claim has some ‘extra element’ that renders it qualitatively different from a copyright infringement claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McMahon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.