District Court, S.D. New York July 8, 2004, 03 Civ. 8610(VM) (Herbert Ltd. Partnership v. Electronic Arts Inc.)

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Herbert Limited Partnership (“HLP”) filed this action asserting, among several claims, copyright and trademark infringement in relation to several video games based on the science fiction book

Dune

and movie of the same name, and their written and film progeny (the “Dune Works”).