Issue
Did Los Franscico illegally infringe and/or defraud plaintiff Taylor?
Rule
Rule 8 of Fed. R. Civ. Proc. requires that a pleasing must contain (i) a short and plain statement of
the grounds for the court’s jurisdiction, (ii) a short and plain statement of the claim showing that the
pleader is entitled to relief, and (iii) a demand for relief sought. The pleader’s statement of the claim must
amount to more than bare assertions that are a “formulaic recitation of elements” or purely conclusory
allegations. Aschcroft v. Iqbal, 556 U.S. 662 (2009); Yeazell, 387. To survive a Rule 12(b)(6) motion to
dismiss, the pleader must support its claim through a factual presentation that is plausible in the “light of
judicial experience and common sense.” Yeazell, 394. Further, the court must take all factual allegations
as true, except where the allegation defies reality. Id. at 393.
Analysis
I. Dismissal on the grounds that Ms. Taylor showed no evidence that the material was
registered, or even pre-registered, the song with the U.S. Copyright Office, as required by 17
U.S.C. § 411.
17 U.S.C. § 501(b) provides, “The legal or beneficial owner of … a copyright is entitled … to
institute an action for any infringement of that particular right committed while he or she is the owner of
it.” Compl. ¶ 11. However, one of the elements of federal copyright-infringement action is registration or
pre-registration of the copyrighted work.
The complaint does not purport to have registered or pre-registered the copyright material. While
at the outset, this would favor our client, courts liberally allow amendments to pleadings. Under FRCP
Rule 15, a party may amend the pleading once as a matter of course within (A) 21 days after serving or
(B) 21 days after service of a responsive pleading if one is required. In this case, the client has responded
with a motion to dismiss under Rule 12(b)(6).
On this ground, the court will likely grant the motion at this point.
