Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

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Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the design without Ochre's permission and without paying for it. After filing the lawsuit, Ochre was presented with motions to dismiss by all three defendants. This is Ochre's opposition to the motion of defendant Project Dynamics.

In late November of 2012, the motion to dismiss was granted on copyright grounds alone, the court declining to exercise supplemental jurisdiction; an appeal is planned.

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Published In: Art, Entertainment & Sports Updates, Business Torts Updates, Civil Remedies Updates, Construction Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 2nd Circuit, New York | United States