Williams et al v. Bridgeport Music Inc., a michigan Corp et al
Filing
20
OPINION. Based on the conclusions set forth in this Opinion, Counter-Claimants' motion to quash is granted. It is so ordered. re: 1 MOTION to Quash Subpoena. Other Court Name: USDC-WDLA. Other Court Case Number: 13CV6004. (Filing Fee $ 46.00, Receipt Number 465401090317) filed by Nona Marvisa Gaye, Frankie Christian Gaye. (Signed by Judge Robert W. Sweet on 5/2/2014) (rjm)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PHARRELL WILLIAMS, an individual;
ROBIN THICKE, an individual; and
CLIFFORD HARRIS, JR., an individual,
Plaintiffs,
14 Misc. 73-Pl
- against OPINION
BRIDGEPORT MUSIC, INC., a Michigan
corporation; FRANKIE CHRISTIAN GAYE,
an individual; MARVIN GAYE III, an
individual; NONA MARVISA GAYE, an
individual; and DOES 1 Through 10,
inclusive,
Defendants.
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A P P E A R A N C E S:
Attorneys for the Plaintiffs
KING, KOLMES, PATERNO & BERLINER, LLP
1900 Avenue of the Stars
Los Angeles, CA 90067
By:
Howard E. King, Esq.
Lisa J. Borodkin, Esq.
Attorneys for Defendants Nona and Frankie Gaye
GORDON, GORDON & SCHNAPP, P.C.
437 Madison Avenue
New York, NY 10023
By:
James M. Thayer, Esq.
KING & BALLOW
315 Union Street
Nashville, TN 37201
By:
Richard S. Busch, Esq.
Paul H. Duvall, Esq.
WARGO & FRENCH LLP
1888 Century Park East
Los Angeles, CA 90067
By:
Mark L. Block, Esq.
1
Sweet, D.J.
Defendants and Counter-claimants Nona and Frankie Gaye
(the "Gayes" or the "Counter-Claimants") have moved this Court,
sitting in Part One, to quash the subpoena served by Plaintiffs
and Counter-Defendants Pharrell Williams
("Williams"), Robin
Thicke ("Thicke") and Clifford Harris, Jr.
("Harris")
(collectively, the "Plaintiffs") on March 3, 2014
"Subpoena"), on Lawrence Ferrara, Ph.D.
(the
("Ferrara")
for the
matter of Williams v. Bridgeport Music, Inc., Civil Action No.
CV13-6004-JAK, proceeding in the Central District of California
(the "California Action").
Based on the conclusions set forth
below, Counter-Claimants' motion is granted.
Prior Proceedings
The California Action is an action for declaratory
relief, with a related counterclaim for copyright infringement
(the "Counterclaim"), concerning two songs performed by Thick,
including the 2013 pop phenomenon "Blurred Lines."
The Gayes
contend that the two songs by Plaintiffs infringe two
compositions written by Marvin Gaye in which the Gayes claim an
ownership interest, and that "Blurred Lines" "copies" the Marvin
Gaye 1977 chart-topping song "Got to Give It Up."
2
In the summer of 2013, the Gayes heard "Blurred Lines"
and believed the song was a copy of "Got to Give It Up."
To
analyze the songs, they turned to an expert, Ferrara, who is a
musicologists that resides in New York.
On or about July 18,
2013, Anthony Kyser ("Kyser"), the Director and CEO of All
Things Marvin Gaye Limited ("ATMG Ltd."), a company owned by the
Ga yes and Marvin Gaye I I I,
(Kyser Deel.
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