OPINION AND ORDER
MUKASEY, District Judge.
The plaintiff, Michael Tracy, brings this action under the Copyright Act, 17 U.S.C. § 101 et seq. and the Lanham Act, 15 U.S. C. § 1114, contending that the defendants, Skate Key, Inc., Steven Letizia and Carmus Letizia, have infringed his copyright in a logo he designed for them under contract. Defendants now move for summary judgment for the second time.
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