September 17, 2014 – Crosby & Higgins LLP Prevails on Motion to Dismiss Copyright Infringement Claim in Federal District Court
September 17, 2014
Crosby & Higgins LLP has secured the dismissal of a copyright infringement action on behalf of a well-respected artist in a case that was pending before the Hon. Denis R. Hurley, in the United States District Court for the Eastern District of New York. The dispute arose from the plaintiff’s claim that the client’s work was “substantially similar” to her own. In moving to dismiss the claim, Crosby & Higgins LLP argued that the plaintiff had utterly failed to allege any actual infringement of her works, and was instead attempting to claim copyright protection over an entire genre of art. In a sweeping opinion, the District Court held that the plaintiff’s copyright infringement claim failed to allege which specific original works were infringed upon, which acts constituted infringement, or when the infringement occurred. In fact, the District Court concluded that the plaintiff had “failed to plead that defendant actually copied her works,” and had likewise failed to identify with specificity how defendant’s works were substantially similar to her own. The full decision of the District Court can be found at Lambertini v. Fain, No. 12-CV-3964 (DRH)(ARL), 2014 WL 4659266 (E.D.N.Y. Sept. 17, 2014).