Borrego

MEMORANDUM **

Jorge Borrego, the author of the song “Brujería,” appeals pro se the district court’s summary judgment dismissing his action based on the 1999 re-release by one of the defendants, BMG U.S. Latin, 1 of the “Sangre Latina” album which mistakenly attributed “Brujería” to another songwriter. Borrego alleged claims for violation of the Lanham Act and copyright infringement and California state law claims. We review the grant of summary judgment de novo, see United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003), and may affirm on any ground supported by the record. See Simo v. Union of Needle-trades, 322 F.3d 602 , 610 (9th Cir.), cert. denied, —U.S.-, 124 S.Ct. 224 , 157 L.Ed.2d 134 (2003).

We affirm the grant of summary judgment against Borrego’s Lanham Act claim. Under Dastar v. Twentieth Century Fox, 539 U.S. 23 , 123 S.Ct. 2041 , 156 L.Ed.2d 18 (2003), Borrego no longer has a claim for “reverse passing off.”

While Borrego had standing to bring the copyright claim under this court’s recent decision in Silvers v. Sony Pictures Entertainment, Inc., 330 F.3d 1204, 1205 (9th Cir.2003), we affirm the grant of summary judgment. Defendants had a defense to…