Opinion
11 Civ. 1006 (AKII)
08-27-2012
THE SWATCH GROUP MANAGEMENT SERVICES LTD., Plaintiff, v. BLOOMBERG L.P., Defendant.
OPINION DISMISSING
COUNTERCLAIMS
ALVIN K. HELLERSTEIN, U.S.D.J.:
Plaintiff sued Defendant for infringement of a recorded telephone conference call between senior executives of Plaintiff's parent company and invited securities analysts. Defendant, although not invited to participate, obtained a recording of the call and made it available to the paid subscribers of its online business newscasting service. On May 17, 2012, I held that Defendant's publication of the recording was fair use and, on the basis of this defense to infringement, granted Defendant summary judgment.
Defendants' Counterclaims against Plaintiff allege invalidity, non-infringement, fair use and laches and estoppel. As the May 17, 2012 Order and Opinion held that Defendant's publication of the recording was fair use, these counterclaims are moot and are hereby dismissed
SO ORDERED. Dated: August 27, 2012
New York, New York
_______________
ALVIN K. HELLERSTEIN
United States District Judge