Failure to Describe Registered Works as “Registered” in Complaint Does Not Defeat Claim at Pleadings Stage

The court denied defendants’ motion to dismiss plaintiff’s infringement claim and rejected defendants’ argument that plaintiff’s failure to allege in its complaint that the works at issue were registered defeated the claim. “Defendants contend that [plaintiff] fails to state a copyright infringement claim because it ‘did not allege, as it must to sustain an infringement claim, that the [d]ata [s]heets are registered.’ . . . Plaintiff responds that the data sheets are registered, and attaches the registrations as exhibits. Given that [plaintiff] registered its data sheets for copyright protection prior to filing the initial complaint, the mere fact that it did not describe the data sheets as ‘registered’ in the complaint does not preclude it from stating a claim at this early stage in litigation. The Court declines to dismiss [plaintiff’s] claim. Plaintiff is ordered to re-file its Amended Complaint with copies of its certificates of copyright registration attached.”

NCR Corporation v. Pendum, LLC et al, 1-16-cv-04114 (GAND 2018-08-08, Order) (Steve C. Jones)

2018-08-10T11:34:02+00:00August 10th, 2018|Copyright, Docket Report|