Litigation

How to File a Copyright Suit Without a Copyright Registration

By H. William Allen et al.

A unique procedural twist was highlighted in TMT Mftg., Inc. v. Illowa Resource Develop, Inc., 2008 U.S. Dist. LEXIS 94060 (S.D. Iowa 11/14/08).TMT filed suit for, among other things, patent infringement and copyright infringement. TMT did not have a patent or a copyright registration, and Illowa moved to dismiss these claims. The district court granted dismissal as to the patent claim but not to the copyright claim.

The Eighth Circuit has adopted the rule that a copyright owner can seek injunctive relief without first registering the copyright. See Olan Mills v. Linn Photo Co., 23 F.3d 1345 (8th Cir. 1994). Because TMT's prayer only requested injunctive relief for the copyright infringement claim, the court denied the motion to dismiss as to this claim.

Full post as published by Arkansas Business Litigation Blog on December 03, 2008 (boomark / email).