Loree Rodkin Management Corp. v. Ross-Simons, Inc.

OPINION AND ORDER

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.

BACKGROUND

Loree Rodkins Management Corporation (“LRMC”) designs and produces unique high-end jewelry that has garnered clients from the Hollywood elite and adulation in the pages of fashion magazines. Between November 24, 2003 and January 16, 2004, LRMC submitted separate copyright applications with proper fees for five jewelry designs to the U.S. Copyright Office. On February 10, 2004, LRMC commenced the instant action alleging copyright infringement against various defendants arising from these five jewelry designs. However, LRMC had not yet received an official registration certificate from the Copyright Office by that date. In fact, the application for copyright registration is still pending at this time. Consequently, Defendant Charles Winston Enterprises, LLC moves to dismiss the action for want of federal subject matter jurisdiction.

DISCUSSION

I. Legal Standard

Federal Rule of Civil Procedure 12(b)(1) requires a court to dismiss a claim if the court lacks…