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Michael Grecco Prods. Inc. v. RADesign Inc.

Case Filed Over Four Years After Alleged Infringing Publication of Photos Is Time-Barred

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MEMORANDUM OPINION & ORDER Plaintiff Michael Grecco Productions, Inc. brought this action against RADesign, Inc.; Davis by Ruthie Davis, Inc.; Ruthie Allyn Davis; Ruthie Davis, Inc.; and five individuals identified as Does 1-5 (collectively, “Defendants”), asserting claims for copyright infringement pursuant to 17 U.S.C. §501, et seq. Now before the Court is Defendants’ motion to dismiss the Complaint as untimely filed. For the reasons that follow, the motion is granted, albeit without prejudice. BACKGROUND Plaintiff Michael Grecco Productions, Inc. owns copyrights for photographs created by its principal, Michael Grecco — an “award winning commercial photographer and film director” who is “noted for his celebrity portraits” — and licenses his images for commercial use. Compl.

6-7. Defendants manufacture high fashion shoes, many of which are advertised and worn by wellknown celebrities. Id.

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