United States Second Circuit
Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 09-2613
In a copyright infringement action based on the alleged copying of architectural plans, dismissal of the complaint is affirmed where the district court properly considered the question of non-infringement on defendants' motion to dismiss, and did not err in concluding that the complaint -- together with those documents incorporated therein -- failed to adequately allege substantial similarity between defendants' work and the protectible elements of plaintiffs' work.
Appellate Information
- Decided 04/07/2010
- Published 04/07/2010
Judges
Court
- United States Second Circuit