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Gunther v. Town of Ogden

Infringement Claim Stated Over Town Website's Copying of 'Summary Sheets'

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DECISION AND ORDER INTRODUCTION   Plaintiffs Frederick Gunther and New York Electrical Inspection Agency (hereinafter, “Plaintiffs”) bring this action against defendants Town of Ogden, Gay Lenhard, Thomas Cole, Malcolm Perry, Thomas Uschold, David Feeney, and Patrick Smith (collectively, the “Defendants”), alleging violations of the Copyright Act, 17 U.S.C. §101, et seq. Docket No. 1. Presently before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Docket No. 8. For the reasons set forth below, Defendants’ motion is denied. BACKGROUND Unless otherwise noted, the following facts are taken from Plaintiffs’ complaint (Docket No. 1). Mr. Gunther is the President and Chief Electrical Inspector of New York Electrical Inspection Agency (“NYEIA”). Docket No. 1 at 1. Plaintiffs perform residential and commercial electrical inspections, with their principal place of business in Rochester, New York. Id. at 2. Mr. Gunther is a licensed New York State home inspector and certified New York State home inspector trainer, as well as a New York State certified Code Enforcement Officer and certified Electrical Inspector from the International Association of Electrical Inspectors. Id. at

9, 10. NYEIA is approved to conduct residential and commercial electrical inspections in New York State. Id. at 11. Over the past eight years, NYEIA has applied for authorization to conduct residential electrical inspections in the Town of Ogden, New York. Id. at 12. Each application was denied via letter by defendant Smith, the Town of Ogden Building Inspector/Code Enforcement Officer. Id. at 13. Defendant Smith’s denial of NYEIA’s application was approved by resolution of the Town Board and its members, which includes defendants Cole, Perry, Uschold, and Feeney. Id. at

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