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)

Ronald Coleman
Contact

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.

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, Dhillon Law Group, Inc | Attorney Advertising

Written by:

Ronald Coleman
Contact
more
less

Dhillon Law Group, Inc on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.