Doc's Dream LLC v. Dolores Press Inc., Melissa Scott
Published: Oct. 17, 2015 | Result Date: Jul. 6, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-02857-R-PLA Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Linda S. McAleer
(Law Office of Linda S. McAleer)
Defendant
Kevin J. Leichter
(The Leichter Firm APC)
Facts
Doc's Dream LLC filed a complaint for declaratory judgment against Delores Press Inc. and Melissa Scott concerning the copyrights to the audio and visual recordings of Christian pastor Dr. Gene Scott's teachings.
Just prior to this instant lawsuit, Delores Press sued Doc's Dream for copyright and trademark infringement.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Dr. Scott's copyrights to the recordings had been abandoned. As such, plaintiff had not infringed on any intellectual property rights purportedly owned by defendants.
DEFENDANTS' CONTENTIONS:
Defendant Melissa Scott claimed ownership to the recordings. Scott then granted Delores Press exclusive license to the recordings. Defendants contended the lawsuit should be dismissed because plaintiff failed to assert a claim for relief.
Result
Because it was impossible for the court to rule on the issue of abandonment of Dr. Scott's copyright, it could not grant Doc's Dream declaratory relief. As such, the court granted defendants' motion to dismiss.
Other Information
FILING DATE: April 17, 2015.
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