Kevin Barry Fine Art Associates v. Ken Gangbar Studio, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN BARRY FINE ART Case No. 18-cv-03358-HSG
ASSOCIATES,
ORDER GRANTING MARRIOTT’S Plaintiff, AND DESIGN FORCE’S MOTIONS TO DISMISS v. Re: Dkt. Nos. 260, 267
KEN GANGBAR STUDIO, INC.,
11 Defendant. 12 On June 8, 2018, Plaintiff Kevin Barry Fine Art Associates (“KBFAA”) brought this suit against Defendant Ken Gangbar Studio Inc. (“KGSI”) for a declaratory judgment of non- infringement. See Dkt. No. 1 (“Compl.”). On August 7, 2018, KGSI submitted an answer and counterclaim against not only KBFAA but also its owner Kevin A. Barry, John Johnson, Richard McCormack, and Richard McCormack Design d/b/a Studio McCormack, asserting copyright infringement, as well as conspiracy to commit and substantive violations of the Racketeer Influence and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961–1968. See Dkt. No. 18. KGSI filed first amended counterclaims on January 24, 2020,…