Kiss Catalog v. Passport Intern. Productions, Inc.

Good Law
350 F. Supp. 2d 823·2005 Copyright L. Dec. (CCH) 28,920·2004 U.S. Dist. LEXIS 25897
United States District Court, Central District of CaliforniaDecember 21, 2004CV 03-8514 WJR(CWX)California6,752 words

Opinion

Opinion

Rea, J.

OPINION AND ORDER DENYING, IN PART, AND GRANTING, IN PART, DEFENDANTS’ MOTION TO DISMISS

The matter came on for hearing before the Court, the Honorable William J. Rea, Judge, presiding, on November 22, 2004. Having considered the motion, the papers filed in support thereof and in opposition thereto, the oral argument of counsel, and the file in the case, the Court now makes the following decision: the Court DENIES, in part, and GRANTS, in part, Defendants’ Motion to Dismiss. Specifically, the Court holds that Plaintiffs have adequately pled a claim of copyright infringement but that their anti-bootlegging claim should be dismissed because it is unconstitutional.

BACKGROUND

Plaintiffs KISS Catalog, Ltd., Gene Klein (a.k.a. Gene Simmons), and Paul Stanley have brought anti-bootlegging, copyright, trademark, and related state law claims against Defendants Passport International Productions, Inc. and Passport International Productions of California (collectively “Passport”).

Plaintiff KISS Catalog, Ltd. is the owner of trademarks relating to the band KISS. KISS is an iconic rock band that has been performing and producing music since the 1970s. Both Klein and Stanley are recording…

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