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CLONUS ASSOCIATES v. DREAMWORKS, LLC

No. 05 CIV. 7043(SAS).

417 F.Supp.2d 248 (2005)

CLONUS ASSOCIATES, Plaintiff, v. DREAMWORKS, LLC and Warner Brothers Entertainment, Inc., Defendants.

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

October 27, 2005.

Attorney(s) appearing for the Case

Robert L. Epstein, Jason M. Drangel, William C. Wright, Epstein Drangel Bazerman & James, LLP, New York City, Washington, DC (Laurence Singer, of counsel), for Plaintiff.

Stephen Huff, Tom J. Ferber, William Charron, Colleen E. Parker, Pryor Cashman Sherman & Flynn, LLP, New York City, Louis P. Petrich, Vincent Cox, Leopold, Petrich & Smith, Los Angeles, CA, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Clonus Associates seeks a preliminary injunction against defendants Dream-Works, LLC and Warner Brothers Entertainment, Inc. Plaintiff alleges that defendants infringed the copyright of its 1979 movie, Parts: The Clonus Horror ("Clonus") through production and distribution of The Island, a movie released by defendants in July 2005.

I. BACKGROUND

On July...

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