(S.D.N.Y, 2019, 1:19-cv-02947)
Comment by Charles Cronin
The gravamen of this action is a repeating sequence of a similar group of five pitches functioning as an ostinato behind the sung or chanted verbal text. This dispute is factually similar to the equally specious allegation made against Katy Perry and her “Dark Horse” (now being appealed by the Plaintiff) in which both works in question used a similar 4-note descending ostinato. The Complaint (below) alleges the Defendants “have compensated or offered to compensate” the Plaintiffs. This ambiguous statement suggests that some of the Plaintiffs were dissatisfied with the offer, and hoped for more by filing suit. But the fact that Defendant may “have compensated or offered to compensate” does not indicate liability — more likely it was simply Defendants’ effort to get rid of an annoyance as expediently as possible. On September 25, 2019, for the third (and apparently last) time, the District Court granted Plaintiffs’ lawyer an extension of the deadline on which he was required to file notice of settlement and dismissal of the case. Herding plaintiffs appears to be as tedious as herding cats; the docket has no entries beyond this extension, and presumably this dispute is gone for good.