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ARPAIA v. ANHEUSER-BUSCH COMPANIES, INC.

No. 98-CV-6007 CJS.

55 F.Supp.2d 151 (1999)

Stephen J. ARPAIA, Plaintiff, v. ANHEUSER-BUSCH COMPANIES, INC., D'Arcy Masius Benton & Bowles, Inc., DDB Needham Chicago, Inc., Defendants.

United States District Court, W.D. New York.

March 25, 1999.

Attorney(s) appearing for the Case

Lawrence L. Ginsburg, Lowenthal, Landau, Fischer & Bring, P.C., New York City, M. Norman Goldberger, Robert F. Zielinski, Wolf, Block, Schorr and Soliscohen LLP, Philadelphia, PA, for Stephen J. Arpaia, plaintiff.

Fred G. Aten, Jr., Rochester, NY, Jacques M. Rimokh, Richard & O'Neil, New York City, Barry Isaac Slotnick, Richards & O'Neil, New York City, Richard A. Palumbo, Boylan, Brown, Code, Fowler & Wilson, Rochester, NY, for Anheuser-Busch Companies, Inc., D'Arcy Masius Benton & Bowles, Inc., defendants.

Jacques M. Rimokh, Boylan, Brown, Code, Fowler & Wilson, Rochester, NY, Barry Isaac Slotnick, Richards & O'Neil, New York City, for DDB Needham Chicago, Inc., defendant.

DECISION AND ORDER

SIRAGUSA, District Judge.

This is an action for copyright infringement, in which the plaintiff alleges that the defendants infringed scripts he wrote for Budweiser Beer television advertisements involving a character called the "Bud Frog." Now before the Court is the defendants' motion [# 16] for summary judgment. For the reasons that follow, this motion is granted.

BACKGROUND

In 1990, the plaintiff wrote seven scripts...

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