Designer Skin, LLC v. S & L Vitamins, Inc.

Suggestion of lack of jurisdiction based on 17 USCS § 411 (copyright registration)

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We urged the court to dismiss the case for lack of jurisdiction under 17 USCS § 411. We had learned, belatedly, that the plaintiffs' copyrights had not been registered when the complaint was filed, and right up to the time of trial neither a supplemented complaint nor a motion to file a supplemented complaint had been filed -- such that even according to the (dubious) view that an amended or supplemented complaint operates to cure the jurisdictional deficiency _nunc pro tunc_, here there had not even been an attempt to file such a paper.

The court agreed with our reasoning but, on the grounds that the Ninth Circuit would likely prefer that the pleadings be "deemed amendment," so deemed them, and retained -- or continued to assert -- jurisdiction.

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Published In: Civil Procedure Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, Arizona | United States