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Intellectual Property
Copyright Infringement
Public Domain Archive

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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