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HERBERT LTD. PARTNERSHIP v. ELECTRONIC ARTS INC.

No. 03 Civ. 8610(VM).

325 F.Supp.2d 282 (2004)

HERBERT LIMITED PARTNERSHIP, Plaintiff, v. ELECTRONIC ARTS INC.; Sony Music Entertainment, Inc.; Sony Computer Entertainment America, Inc.; Random House, Inc.; Wal-Mart Stores, Inc.; Best Buy Company, Inc.; Compusa, Inc.; Electronics Boutique, Inc.; and KB Toys, Inc. Defendants.

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

July 8, 2004.

Attorney(s) appearing for the Case

Michael Barry Carlinsky, Margret Mary Caruso, Jeffrey A. Conciatori, Lara G. Corey, Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York, NY, for Electronic Arts, Inc., Random House, Inc., Sony Computer Entertainment, Inc., Sony Music Entertainment, Inc.

Ralph J. Sutton, Cowan, DeBaets, Abahams & Sheppard, LLP, New York, NY, for Ralph J. Sutton.

Anthony F. Lo Cicero, Nancy M. Dodderidge, Holly Pekowsky, Amster, Roghstein & Ebenstein LLP, New York, for Compusa, Inc.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Herbert Limited Partnership ("HLP") filed this action asserting, among several claims, copyright and trademark infringement in relation to several video games based on the science fiction book Dune and movie of the same name, and their written and film progeny (the "Dune Works"). Defendants now ask this Court, borrowing from the advanced techniques of the works at issue, to function as a...

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