Facts

Flo & Eddie Inc. filed an infringement lawsuit against Sirius XM Radio Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that it was a company owned and exclusively controlled by the two founding members of "The Turtles," a music group that had a number of hit songs in the 1960s. Plaintiff also claimed ownership rights to The Turtles' master sound recordings. Plaintiff accused defendant, which operated a subscription-based nationwide satellite radio and Internet service, of publicly performing sound recordings that plaintiffs exclusively owned. However, plaintiff had not licensed defendant to use any of these recordings in providing its services. Plaintiff also accused defendant of copying plaintiff's sound recordings. Plaintiff filed causes of action for violations of California Civil Code Section 980(a)(2) and California's Unfair Competition Law, conversion, and misappropriation. Plaintiff also sought summary judgment on all of its claims.

Result

The court granted Flo & Eddie's summary judgment motion as to liability on all causes of action based on Sirius XM's public performance of their recordings prior to Feb. 15, 1972. The court's grant of summary judgment, however, did not extend to claims premised on Sirius XM's alleged reproductions of Flo & Eddie's recordings.

Other Information

FILING DATE: Aug. 6, 2013.