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Feuer-Goldstein Inc. v. Michael Hill Franchise Pty. Ltd.

Jewelery Design Incorporating Heart, Infinity Symbol Did Not Infringe Plaintiff's Design

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OPINION AND ORDER Plaintiff Feuer-Goldstein, Inc. (“F&G”) and Defendants Michael Hill Franchise Pty. Ltd. and Michael Hill, LLC. (collectively, “Hill”) are jewelry manufacturers. F&G brought suit against Hill alleging copyright infringement, trademark infringement, unfair competition, false description, and common law injury to business reputation.¹ Its claims are based on Hill’s jewelry designs, which F&G argues infringes on its copyrighted “Infinity Heart” design, and on Hill’s alleged unlawful use of F&G’s trademark. Both designs contain a common symbol of a heart (a valentine shape) and a common symbol for the concept of infinity (a figure eight). F&G has withdrawn its claims for trademark infringement and unfair competition, claims two and three of its Complaint. (Pl. Br. at 14). The Court accordingly dismisses those claims. With respect to plaintiff’s remaining claims for copyright infringement, false description, and common law injury to business reputation, Hill has moved for summary judgment. For the reasons that follow, Hill’s motion will be granted.THE UNDISPUTED FACTSThe following facts are undisputed except where otherwise noted. The Court has drawn all reasonable inferences in favor of F&G, as the nonmovant. See Costello v. City of Burlington, 632 F.3d 41, 45 (2d Cir. 2011).Defendant Michael Hill Franchise Pty. Ltd. is an Australian corporation, while defendant Michael Hill, LLC is an Australian limited liability company. (Def. 56.1

10-11; Pl. 56.1 Resp.

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