Fleischer Studios, Inc. v. A.V.E.L.A., Inc.

ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND A PERMANENT INJUNCTION AND DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

The matter is before the Court on Plaintiffs Motion for Summary Judgment and a Permanent Injunction (docket no. 48) and Defendant’s Motion for Summary Judgment (docket no. 53), both of which were filed on March 19,2008. The Court has read and considered the moving, opposing, and reply documents submitted in connection with these motions. The Court heard arguments of counsel on Monday, August 25, 2008; thereafter, the matter was taken under submission. For the reasons and in the manner set forth below Plaintiffs Motion is DENIED and Defendants’ Motion is GRANTED in connection with Plaintiffs copyright infringement claim (Claim 1); the Court RESERVES RULING on and ORDERS supplemental briefing regarding Plaintiffs trademark and unfair competition claims.

I. EVIDENTIARY RULINGS

Rather than draw the Court’s attention to the pertinent portions of the Handman Declaration, Defendants have tasked the Court with poring over and ruling on boilerplate objections to statements in virtually every paragraph of the declaration of Stanley Handman (“Handman Declaration”) and…