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Cates v. Shlemovitz

Infringement Suit Dismissed; Actual Copying, Access to Infringed Composition Not Pleaded

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Cameron Cates, proceeding pro se, brings this action against defendants Jared Shlemovitz, (doing business as Junto Sounds), Procter & Gamble Corporation, (doing business as Febreeze), Grey Advertising Corporation (“Grey”), and WPP Group USA Incorporated (collectively “Defendants”), alleging that Defendants infringed Plaintiff’s copyright on a work that Plaintiff authored. Dkt. No. 1 (“Complaint”). Before the Court is Defendant’s motion to dismiss. Dkt. Nos. 26 (“Motion to Dismiss” or “Motion”), 28 (“Defendants’ Memorandum of Law”). For the reasons that follow, the Motion is granted and Plaintiff’s Complaint is dismissed without prejudice. II. BACKGROUND The following factual allegations are assumed to be true in evaluating the Motion to Dismiss. See Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 76 (2d Cir. 2015). In 1982 Plaintiff, a “multi-disciplined and national published artist,” composed the song “She Loves Her Job” (the “Infringed Composition”). Compl.

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