Barris v. Hamilton
May 17, 1999OUTCOME: Defendants motions to dismiss granted
PROCEDURAL POSTURE: Defendants moved to dismiss plaintiff's copyright infringement action for failure to state a claim. Defendants alleged plaintiff did not have a valid copyright and asserted a lack o ... f personal jurisdiction. Defendants also moved to dismiss plaintiff's claims of unfair trade practices, unfair competition, and dilution of market. OVERVIEW: Plaintiff brought suit against defendants, book stores and others, alleging copyright infringement based on publication of an art catalogue that included a collage of Marilyn Monroe photographs that were allegedly copyrighted by plaintiff. Plaintiff claimed to have received a certificate of registration covering the images. Plaintiff also alleged unfair trade practices, unfair competition, and dilution of market. Defendants moved to dismiss the action for failure to state a claim, alleging plaintiff did not have a valid copyright. Defendants also asserted lack of personal jurisdiction. The court granted defendants' motions to dismiss the copyright infringement claim since plaintiff's copyright protection expired due to improper renewal. The court dismissed plaintiff's claim of unfair trade practices, unfair competition, and dilution of market because state laws were pre-empted. The court dismissed defendants' lack of personal jurisdiction as moot. OUTCOME: The court dismissed plaintiff's claim of unfair trade practices, unfair competition, and dilution of market. The court also granted defendants' motions to dismiss plaintiff's copyright infringement claim since plaintiff's copyright protection expired.
