Kiss Catalog v. Passport Intern. Productions, Inc.
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…