Legal Opinion

Swirsky v. Carey

District Court, C.D. California

Decided August 27, 2002No. CIV.00-09926(EX)Published

1Opinion of the Court

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

SNYDER, District Judge.

I. INTRODUCTION

On September 15, 2000, plaintiffs Seth Swirsky and Warryn Campbell (collectively “plaintiffs”) filed a complaint for copyright infringement, false designation of origin, reverse passing off, unfair competition and unjust enrichment, on the grounds that defendants’ song, “Thank God I Found You” (“Thank God” or “defendants’ song”) infringes upon plaintiffs’ original composition, “One of Those Love Songs” (“One” or “plaintiffs’ song”). Defendants are Mariah Carey, the artist who recorded defendants’ song,…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  4. Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991
  5. William Radobenko and Mary G. Radobenko, His Wife, Individually and as Husband and Wife v. Automated Equipment Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1975

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