Defendant moved to dismiss plaintiff’s claims for statutory damages, as its infringement began prior to the filing of plaintiff’s earliest copyright applications. Plaintiff argued that defendant’s ongoing infringement, which occurred subsequent to plaintiff’s latest filings, would be subject to possible statutory damages.
Held: plaintiff given leave to plead with specificity whether defendant’s infringing activity of the material contained in the new filings, began subsequent to those new filings.
Text of decision:
big run v avia nd cal