Swirsky

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

On September 15, 2000, plaintiffs Seth Swirsky and Warryn Campbell (collectively “plaintiffs”) filed a complaint for copyright infringement, false designation of origin, reverse passing off, unfair competition and unjust enrichment, on the grounds that defendants’ song, “Thank God I Found You” (“Thank God” or “defendants’ song”) infringes upon plaintiffs’ original composition, “One of Those Love Songs” (“One” or “plaintiffs’ song”). Defendants are Mariah Carey, the artist who recorded defendants’ song, as well as the authors of Thank God and several entities which allegedly profited from its release and distribution. Defendants here seek summary judgment based on the ground that plaintiffs have presented no triable issue of fact demonstrating that Thank God is substantially similar to the protected expression contained in One.

II. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate where “there is no genuine issue as to any material fact” and “the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The moving party has the initial burden of identifying relevant portions of…