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BLANCH v. KOONS

No. 03 Civ. 8026(LLS).

396 F.Supp.2d 476 (2005)

Andrea BLANCH, Plaintiff, v. Jeff KOONS, Deutsche Bank, AG, and the Solomon R. Guggenheim Foundation, Defendants.

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

November 1, 2005.

Attorney(s) appearing for the Case

Cinque & Cinque, P.C. (Robert W. Cinque, James P. Cinque, of Counsel), for Plaintiff.

The Koegel Group LLP (John B. Koegel, of Counsel), New York City, for Defendant Jeff Koons.

White & Case (Carol Witschel, Steven Betensky, Stefan M. Mentzer, of Counsel), for Defendant Deutsche Bank, A.G.

Cleary Gottlieb Steen & Hamilton LLP (Lawrence B. Friedman, Isabelle A. Young, David Lehn, of Counsel), New York City, for Defendant Solomon R. Guggenheim Foundation.

OPINION and ORDER

STANTON, District Judge.

In this action for copyright infringement, defendants move for summary judgment in their favor. They assert, among other things, that plaintiff Blanch's claims of infringement are barred by the statute of limitations, that defendant Koons' painting is not substantially similar to Blanch's photograph, that Koons made "fair use" of the portion of the photograph which he copied, and that the damages Blanch seeks are...

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