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DASH v. MAYWEATHER

No. 12-1899.

731 F.3d 303 (2013)

Anthony Lawrence DASH, Plaintiff-Appellant, v. Floyd MAYWEATHER, Jr., an individual; Mayweather Promotions; Mayweather Promotions LLC, a/k/a Mayweather Promtions LLC; Philthy Rich Records Inc.; World Wrestling Entertainment Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 26, 2013.

Attorney(s) appearing for the Case

ARGUED: William Angus McKinnon , McGowan, Hood & Felder, LLC, Rock Hill, South Carolina, for Appellant. Mark G. Tratos , Greenberg Traurig, Las Vegas, Nevada; Jerry S. McDevitt , K & L Gates, LLP, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: John G. Felder, Jr. , McGowan, Hood & Felder, LLC, Columbia, South Carolina; Thomas L. Moses , Monahan & Moses, LLC, Greenville, South Carolina, for Appellant. Curtis B. Krasik , K & L Gates, LLP, Pittsburgh, Pennsylvania, Joshua W. Dixon , K & L Gates, LLP, Charleston, South Carolina, for Appellee World Wrestling Entertainment, Inc.; Bethany Rabe , Greenberg Traurig, Las Vegas, Nevada, P. Benjamin Zuckerman , Buckingham, Doolittle & Burroughs, Boca Raton, Florida, for Appellees Floyd Mayweather, Jr., Mayweather Promotions, Mayweather Promotions LLC, and Philthy Rich Records Inc.

Affirmed by published opinion. District Judge DAVIS wrote the opinion, in which Judge THACKER joined. Circuit Judge DAVIS wrote a separate opinion concurring in the judgment.

DAVIS, District Judge:

In this copyright infringement case, Anthony Lawrence Dash ("Dash") alleges that Floyd Mayweather, Jr. ("Mayweather"), Mayweather Promotions, Mayweather Promotions LLC, Philthy Rich Records, Inc., and World Wrestling Entertainment, Inc. ("WWE"), (collectively "Appellees"), violated his copyright by playing a variant of Dash's copyrighted music during Mayweather's entrance at two WWE events. Dash appeals from the district court's grant of summary...

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