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NEW YORK The outcome of a lawsuit that accuses Molson Coors Brewing Co. and London agency Beattie McGuinness Bungay of infringing upon the copyright of a software application that enables users to simulate drinking a beer on an iPhone hinges on whether the plaintiff can prove that the defendants had access to the original application, two intellectual property lawyers said Friday.
“You have to have copying. The mere semblance of similarity is not enough,” said Ethan Horwitz, a partner at King & Spalding in New York.
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