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SWIRSKY v. CAREY

No. CIV.00-09926(EX).

226 F.Supp.2d 1224 (2002)

Seth SWIRSKY, an individual d/b/a Julian's DAD; Warryn Campbell, an individual d/b/a Nyrraw Music, Plaintiffs, v. Mariah CAREY, an individual; James Harris III, an individual; Flyte Tyme Productions, Inc., an entity of unknown designation; Flyte Tyme Tunes, an entity of unknown designation; ATV Songs, LLC, an entity of unknown designation; RYE Songs, an entity of unknown designation; Columbia Records, an entity of unknown designation; Sony Music Entertainment, an entity of unknown designation; and EMI April Music, Inc., an entity of unknown designation; and Does 1 through 10, inclusive., Defendants.

United States District Court, C.D. California, Western Division.

August 27, 2002.

Attorney(s) appearing for the Case

Jonathan D. Freund, Thomas A. Brackey, II, Nathan Patrick Gable, Freund & Brackey, Beverly Hills, CA, for Plaintiffs.

Robert M. Dudnik, John Michael Genga, Paul Hastings Janofsky & Walker, Los Angeles, CA, Hayes F. Michel, Proskauer Rose, Los Angeles, CA, for Defendants.

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...

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