No.3:21-cv-00805 (N.D.N.Y. 2022)
Complaining Work |
Defending Work |
| Cameron Cates
“She Loves Her Job” |
Febreze TV Advertisement |
Comment by Ha Huynh
Composer Cameron Cates (self-described as a “multi-disciplined and nationally published artist”) represented himself in this case against Procter & Gamble, claiming the company copied his work to use in Febreze commercials. The allegedly infringing material is nothing more than the catchy five-note jingle “la la la la la” on hears at the end of Febreze commercials. Cates stated in the complaint that Febreze tagline is “striking similar” to his 1983 composition “She Loves Her Job” in “cadence, melody, and meaning.” Cates also claimed P&G “continued infringement” with a multi-genre eight-track album released on SoundCloud, containing different renditions of the “la la la la la” jingle.
P&G filed a motion to dismiss, claiming that the five-note melodic hook is non-protectable expression due to its common “mi-re-do-re-do” pitch sequence and offering several examples employing the same sequence in works preceding Cates’. In response (although not formally) Cates countered P&G’s argument, based on the fact that the examples provided by P&G feature six-note sequences instead of five.
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Opinion (April 27, 2022): PDF
Complaint (July 15, 2021): PDF
Memorandum in Support of Motion to Dismiss Complaint (October 12, 2021): PDF