UAB "Planner5D" v. Meta Platforms, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 UAB “PLANNER5D”, Case No. 19-cv-03132-WHO

Plaintiff,

ORDER DENYING JOINT MOTION

v. TO DISMISS COPYRIGHT CLAIMS

FACEBOOK, INC., et al., Re: Dkt. No. 105 Defendants.

12 The Copyright Office rejected plaintiff UAB Planner 5D’s (“Planner 5D”) application to register its alleged works. Planner 5D then filed this infringement action. There is no dispute that exhaustion of remedies was not required for Planner 5D to do so; the pre-suit registration requirement under the second sentence of 411(a) of the Copyright Act, which authorizes suit when a “registration has been refused,” was satisfied at that point. 17 U.S.C. § 411(a). Almost three months after filing this infringement action, Planner 5D timely requested reconsideration from the Copyright Office of its registration refusals by following the administrative procedures outlined in 37 C.F.R. § 202.5. Planner 5D is required to exhaust those procedures if it chooses to…