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BILL DIODATO PHOTOGRAPHY, LLC v. KATE SPADE, LLC

No. 04 Civ. 2886(DC).

388 F.Supp.2d 382 (2005)

BILL DIODATO PHOTOGRAPHY, LLC, Plaintiff, v. KATE SPADE, LLC, Defendant.

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

September 27, 2005.

Attorney(s) appearing for the Case

Rubin Bailin Ortoli Mayer & Baker LLP by Eric Vaughn-Flam, Esq., Marc Jonas Block, Esq., and Robert M. Cavallo, Esq., New York City, for Plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison LLP by Leslie Gordon Fagen, Esq., Timothy S. Martin, Esq. New York City, for Defendant.

OPINION

CHIN, District Judge.

In 2001, Bill Diodato took a photograph, shown here, of the bottom of a bathroom stall. Through the opening underneath the door, one can see a woman's feet, astride a toilet, in stylish, colorful shoes, her underwear hanging above her ankles, and a handbag resting on the floor. Diodato submitted the photograph to defendant Kate Spade LLC ("Kate Spade") in January 2003...

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