Schwartzwald v. Oath Inc.
- Ronnie Abrams
- 1:19-cv-09938
- U.S. District Court · Southern District of New York
- 1
In Schwartzwald v. Oath Inc., Judge Abrams held Oath’s use of the Photograph fair use and dismissed the amended complaint with prejudice.
Lawrence Schwartzwald’s claims against Oath, Inc. were dismissed with prejudice, and the case was closed.
What happened
In Schwartzwald v. Oath Inc., Lawrence Schwartzwald sued Oath, Inc. over Oath’s use of a photograph.
The court held that Oath’s use of the photograph was fair use and granted Oath’s motion to dismiss. The court also stated that Schwartzwald had already amended his complaint once and had not shown that additional allegations could change the result.
Judge Abrams’s ruling dismissed the First Amended Complaint with prejudice, meaning the dismissal barred refiling that complaint, and the case was closed.
The detailed version
- Schwartzwald v. Oath Inc. · No. 1:19-cv-09938
- Ronnie Abrams
- Sept. 10, 2020
Background
The judgment identifies Lawrence Schwartzwald as the plaintiff and Oath, Inc. as the defendant. It concerns Oath’s use of a photograph.
Ruling
The court held that Oath’s use of the photograph constituted fair use. It therefore granted Oath’s motion to dismiss.
Disposition
The court stated that Schwartzwald had already amended his complaint once in response to Oath’s initial motion to dismiss. Because there was no indication that he could or would provide additional allegations leading to a different result, the court dismissed the First Amended Complaint with prejudice and closed the case. Judge Ronnie Abrams is identified in the supplied case information; the judgment itself refers to the reasons stated in a separate Opinion and Order dated September 10, 2020, which was not provided.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.