Bondurant v. Tally's Trustee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[c]ourts ... regularly ... listen to the songs at issue when evaluating a motion to dismiss”
• finding that plaintiff had failed to state a claim because allegations that the works shared “shuffling percussion” without any evidence of copying was not enough to allege substantial similarity
• finding no substantial similarity in part where “[p]laintiff’s minimalist music is played on an acoustic guitar,” while “[d]efendants’ richer instrumental consists primarily of synthesizer and samples”
• involving melisma on the final syllable of \We made it in America\
• explaining that “common rhythms” are not copyrightable
• “The phrase ‘Made in America’ is not copyrightable, either as a title, or as a lyric. It is far too brief, common, and unoriginal to create any exclusive right vested in Plaintiff.”

Source: CourtListener parenthetical corpus (CC0).