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KERR v. NEW YORKER MAGAZINE, INC.

No. 97 Civ. 5070(RO).

63 F.Supp.2d 320 (1999)

Thomas KERR, Plaintiff v. The NEW YORKER MAGAZINE, INC., and Anita Kunz, Defendants

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

July 16, 1999.

Attorney(s) appearing for the Case

Sidley & Austin, New York City by James D. Arden, John J. Lavelle, Martin R. Scott, for plaintiff.

Davis Wright Tremaine, LLP, New York City by Elizabeth A. McNamara, Carolyn K. Foley, for defendant.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff Thomas Kerr has sued defendants, the New Yorker Magazine and illustrator Anita Kunz, for copyright infringement pursuant to 17 U.S.C. § 101 et seq., and Lanham Act claims pursuant to 15 U.S.C. § 1125(a). Plaintiff Kerr is an illustrator who alleges that the July 10, 1995 cover of the New Yorker — "Manhattan Mohawk" drawn by defendant Kunz — was copied from his 1989...

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