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Dominick R. Pella Architecture-Engineering PC v. Gilat

Only False Origin Designation Claim Dismissed in Suit Over Architectural Designs' Copying

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OPINION & ORDER Plaintiff Dominick R. Pilla, Architecture-Engineering P.C. (“Plaintiff”) brings this Action against Orly Gilat (“Gilat”) and W 108 Development LLC (“W 108″; with Gilat, “Defendants”), alleging copyright infringement under 17 U.S.C. §101, et seq. (the “Copyright Act”), false designation of origin under 15 U.S.C. §1051, et seq. (the “Lanham Act”), and violations of 17 U.S.C. §1202 (the “Digital Millennium Copyright Act,” or “DMCA”). (See Compl. (Dkt. No. 7).) Before the Court is Defendants’ Motion To Dismiss (the “Motion”), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Not. of Mot. (Dkt. No. 22).) For the reasons explained herein, Defendants’ Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are drawn from Plaintiff’s Complaint, documents appended to the Complaint, and other matters of which the Court may take judicial notice, and are taken as true for purposes of the instant Motion.¹ Plaintiff is a New York-based corporation that provides “professional architectural services to various construction projects.” (Compl.

4, 12.) W 108 is a New York-based limited liability company of which Gilat is an agent and principal, and is the owner of a “luxury construction project” at 324-326 West 108th Street in New York City (the “Project”). (Id.

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