Bill Diodato Photography, LLC v. Kate Spade, LLC

OPINION

CHIN, District Judge.

In 2001, Bill Diodato took a photograph, shown here, of the bottom of a bathroom stall. Through the opening underneath the door, one can see a woman’s feet, astride a toilet, in stylish, colorful shoes, her underwear hanging above her ankles, and a handbag resting on the floor. Dio-dato submitted the photograph to defendant Kate Spade LLC (“Kate Spade”) in January 2003. Although representatives of Kate Spade deny they saw the photograph, Kate Spade’s November 2003 advertising campaign included a photograph, shown below, of a woman’s feet, astride a toilet, in…