Shin

Jennifer Tulley Architect, Inc. v. Shin

Good Law
United States District Court, Northern District of CaliforniaMarch 11, 20213:21-cv-00619California335 words

Opinion

Trial Court Opinion

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 JENNIFER TULLEY ARCHITECT, INC., Case No. 21-cv-00619-AGT Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS JEANNIE SHIN, et al., Re: Dkt. No. 13 Defendants. The Court agrees with defendant Shin that plaintiff prematurely filed its copyright- || infringement claim and that the claim isn’t currently ripe for review. Before plaintiff may sue for 12 || infringement, the U.S. Copyright Office must either register or preregister the copyright at issue. See 17 U.S.C. § 411(a); Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, || 887-88, 892 (2019); id at 887 (noting that “registration is akin to an administrative exhaustion || requirement”). Neither of these events has occurred, and plaintiff admits that it is still “awaiting a 16 || registration.” Compl. { 1; accord Opp’n, ECF No. 16 at 8. As plaintiff's infringement claim || cannot currently proceed, the Court grants…

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