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WARD v. ANDREWS MCMEEL PUB., LLC

No. 12 Civ. 07987(PAC).

963 F.Supp.2d 222 (2013)

Michael WARD d/b/a Brainteaser Publications, Plaintiff, v. ANDREWS McMEEL PUBLISHING, LLC, Defendant.

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

August 1, 2013.

Attorney(s) appearing for the Case

Barry Eran Janay , Law Office of Barry E. Janay, P.C., Eleanor Martine Lackman , Joshua Scott Wolkoff , Cowan, Debaets, Abrahams & Sheppard LLP, New York, NY, for Plaintiff.

Robert Penchina , Levine, Sullivan, Koch & Schulz, LLP, New York, NY, for Defendant.

OPINION & ORDER

PAUL A. CROTTY, District Judge:

Plaintiff Michael Ward ("Ward") brought this action against Andrews McMeel Publishing, LLC ("AMP") on October 26, 2012, asserting claims of copyright infringement, trade dress infringement, and common law unfair competition. On February 2, 2013, AMP moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons discussed below, the Court GRANTS AMP's motion to dismiss the trade dress claim,...

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