NEW YORK (Reuters) - A federal judge on Wednesday dismissed a lawsuit accusing Cher of using a typeface created by Brooklyn, New York, graphic designer for her 2013 album “Closer to the Truth” without permission.
Moshik Nadav had sought to hold Cher, her label Warner Bros Records and other defendants liable for having “copied the artistic elements” of his “Paris Logo” typography for the album, whose estimated sales worldwide top 500,000.
U.S. District Judge Alvin Hellerstein in Manhattan granted Nadav’s request to dismiss the copyright infringement case without prejudice, meaning it can be brought again.
Nadav sought the dismissal after the defendants on Monday said typefaces are not subject to copyright protection, and that there were “profound differences” between the logos in question.
Roy Gross, a lawyer for Nadav, did not immediately respond to requests for comment.
Len Venger, a lawyer for the defendants, said they are happy with the dismissal, and “firmly believe that the lawsuit had no merit.”
Warner Bros Records is part of Warner Music Group, which is controlled by billionaire Len Blavatnik’s Access Industries.
Cher, 70, was born Cherilyn Sarkisian, which is how her name appears in the court docket. She legally changed her name to Cher in 1978.
The case is Moshik Nadav Typography LLC et al v. Genesh Productions LLC et al, U.S. District Court, Southern District of New York, No. 16-09838.
Reporting by Jonathan Stempel in New York; Editing by Tom Brown
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