Quimbee logo
DMCA.com Protection Status

Katz, Dochtermann & Epstein, Inc. v. Home Box Office

50 U.S.P.Q.2d (BNA) 1957 (1999)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Katz, Dochtermann & Epstein, Inc. v. Home Box Office

United States District Court for the Southern District of New York

50 U.S.P.Q.2d (BNA) 1957 (1999)

Facts

Home Box Office (HBO) (defendant) asked Katz, Dochtermann & Epstein (KDE) (plaintiff) to create an advertisement, and KDE came up with a campaign called It’s Not TV, It’s HBO to distinguish HBO from other TV channels. KDE created promotional material for this ad and, after presenting the campaign to HBO in person, left the promotional materials with HBO. For over a year, HBO continued to tell KDE that they were still thinking about purchasing the KDE ad. HBO then ran the ad and claimed that HBO’s other advertising agency, BBDO Worldwide (BBDO) (defendant) independently thought of the campaign. KDE sued HBO and BBDO for copyright infringement and several state-law claims including unfair competition, breach of an implied contract, and unjust enrichment. HBO and BBDO moved to dismiss the state-law claims, claiming they were preempted by federal copyright law.

Rule of Law

Issue

Holding and Reasoning (Griesa, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership