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Fischer v. Forrest

Copyright Claims Failed Where Use Prior To Registration and No Removal of Metadata

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OPINION & ORDER

*1  These consolidated cases arise out of the termination of a longstanding business relationship between plaintiff James H. Fischer and defendants Stephen T. Forrest, Jr., Sandra F. Forrest, Shane R. Gebauer, and Brushy Mountain Bee Farm, Inc. (“Brushy” and collectively, “Defendants”). Fischer alleges that the Defendants used his likeness and proprietary text and images to promote their own competing knock-off version of his product, Bee-Quick, a honey harvesting aid. He brings claims under the Copyright Act, 17 U.S.C. §101 et seq., the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §1201 et seq., and the Lanham Act, 15 U.S.C. §1051 et seq., along with a claim under New York law for unfair competition. Pending now are Brushy’s motions for summary judgment. In a thorough and persuasive Report and Recommendation, the Honorable Andrew J. Peck, United States Magistrate Judge, has recommended granting these motion. For the reasons that follow, the Court agrees, and grants these motions in their entirety.

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