Judge Glenn Suddaby
Under 2005 contracts with the Adirondack defendants, architect Ranieri developed plans for two condominium projects. By May 2007, work on the projects was substantially completed. After a 2007 dispute, Adirondack stopped using Ranieri’s plans and ceased further payments. In 2011 Ranieri learned that Adirondack gave his plans for the two projects to Northstar Home Design for use in drafting other building projects. The court granted Prime Companies, Paragon Prime Funding and their affiliated entities (Prime Defendants) dismissal from Ranieri’s lawsuit primarily asserting copyright infringement, contributory copyright infringement and unfair competition violating Lanham Act §43(a). Despite allegations setting forth his ownership and registration of specific copyrighted plans, Ranieri failed to allege by what acts the Prime Defendants infringed those copyrights. Also, his use of the term "defendants" collectively so as to include the Prime Defendants was either confusing, vague or used to assert a legal rather than factual allegation. Such vague, inconsistent allegations did not put the Prime Defendants on notice of the factual basis of Ranieri’s infringement claims against them.
