The Second Circuit affirmed the decision of a federal district court in New York dismissing a songwriter’s copyright infringement action against Grey Advertising Corporation, Procter & Gamble Corporation, WPP Group USA Incorporated, and an individual, relating to the Febreze jingle. The appeals court affirmed the dismissal for failure to plausibly allege substantial similarity, because the five-note sequence at issue isn’t a protectable element of the songwriter’s song.
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