Legal Opinion
Fortgang v. Pereiras Architects Ubiquitous LLC
District Court, E.D. New York
Decided January 20, 2017No. 16-cv-3754 (ADS)(AYS)Published
1Opinion of the Court
Decision & Order
SPATT, District Judge:
Homeowners Seth Fortgang and Rivka Fortgang (the “Fortgangs”) allege that copyrighted design elements of their home in Lawrence are being illegally infringed through the construction of a look-a-like home in neighboring Cedarhust.
Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(6), seeking to dismiss the Fortgangs’ complaint on the ground that it fails to state a plausible claim under the federal Copyright Act of 1976 (the “Copyright Act”), 17 U.S.C. § 101 et seq.
I. Background
Th…
2Cases cited18 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Knitwaves, Inc., Plaintiff-Appellee-Cross-Appellant v. Lollytogs Ltd. (Inc.) D/B/A French Toast, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
- Thomas Walker v. Time Life Films, Inc., David Susskind, Gill Champion, Martin Richards and Heywood GouldCourt of Appeals for the Second Circuit · 1986
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