Plaintiff claims copyright in ART WE ALL and design., which design he claimed he merchandised. Sues Defendant for selling ARTWEALL merchandise on copyright and trademark. Magistrate Judge finds that (1) plaintiff’s affixation of the design in grafitti insufficient to show that defendant had access to the work; and (2) plaintiff failed to show that he actually sold merchandise bearing the mark. Defendant’s summary judgment granted and the complaint was dismissed.
Text of Gayle v Villamarin: gayle v villamrin sdny decision