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JOHN WILEY & SONS, INC. v. DRK PHOTO

No. 11 Civ. 5454(KPF).

998 F.Supp.2d 262 (2014)

JOHN WILEY & SONS, INC., Plaintiff/Counter-Defendant, v. DRK PHOTO, Defendant/Counter-Plaintiff.

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

February 21, 2014.

Attorney(s) appearing for the Case

Christopher Perry Beall , Robert Penchina , Levine, Sullivan, Koch & Schulz, LLP, New York, NY, Joseph John Barker , John Wiley & Sons, Inc., Hoboken, NJ, for Plaintiff/Counter-Defendant.

Christopher Seidman , Harmon & Seidman LLC, Grand Junction, CO, Adam Louis Dileo , NYC Department of Environmental Protection, Flushing, NY, Amanda L. Bruss , Harmon & Seidman LLC, Denver, CO, Edward Hernstadt , Hernstadt Atlas, LLP, New York, NY, Maurice James Harmon , Harmon & Seidman LLC, New Hope, PA, for Defendant/Counter-Plaintiff.

OPINION AND ORDER

KATHERINE POLK FAILLA, District Judge.

On August 5, 2011, Plaintiff/Counter-Defendant John Wiley & Sons, Inc. ("Plaintiff" or "Wiley"), commenced this action against Defendant/Counter-Plaintiff DRK Photo ("Defendant" or "DRK") under the Declaratory Judgment Act, 28 U.S.C. § 2201, seeking a declaration that Wiley had not infringed the copyrights on certain stock photographs that DRK had previously licensed to Wiley. In response...

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