Van Den Brulle v. Niedermaier, Inc. (incorrectly docketed as "Den Brulle v.")

Brief in Opposition to Defendants' Motion to Dismiss under Fed. R. 12(b)(1)

more+
less-

Opposition to motion to dismiss on the ground of lack of subject matter jurisdiction -- in this case, the Copyright Office had actually refused to register plaintiff's work, claiming a lack of originality. We argued that notwithstanding this refusal, the issue of copyrightability merely shifted to the District Court, but that the court did have subject matter jurisdiction once the application was not only applied for but a determination made and communicated to the applicant.

The District Court agreed with us and denied the motion by order dated September 15, 2006. Shortly thereafter the parties entered into a satisfactory confidential settlement.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Art, Entertainment & Sports Updates, Business Torts Updates, Civil Procedure Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »