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

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

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