Facts

James Kim sued International Battle Zone and others for copyright infringement and other claims.

PLAINTIFF'S CONTENTIONS:
Kim contended that he was an artist who specialized in creating body jewelry. Kim sold his jewelry through the Internet and at conventions. Kim claimed that defendants had used one of his works entitled "Frog on a Leaf," which was copyrighted.

Kim asserted causes of action for copyright infringement, conspiracy to commit copyright infringement, violation of artist's moral rights, unjust enrichment, violation of rights of artistic reproduction, fraud and deceit, false attribution, conversion, and interference with prospective economic advantage.

DEFENDANT'S CONTENTIONS:
The defendants sought summary judgment to dismiss the case based on Kim's failure prove damages related to his claims or to cooperate during the discovery processes.

Result

The court granted partial summary judgment for the defendants dismissing eight of nine counts, leaving only Kim's claim for copyright infringement. The court gave Kim 10 days to show cause on its remaining claim. Unable to show cause, plaintiff settled with defendants paying defendants' attorney fees and costs.

Other Information

FILING DATE: July 27, 2012.