Collezione Europa U.S.A., Inc. v. Amini Innovation Corp.

1 Citing case

  1. Charles F. Vatterott Const. v. Esteem Custom Homes

    686 F. Supp. 2d 934 (E.D. Mo. 2010)

    See, e.g., Brewer-Giorgio v. Producers Video, Inc., 216 F.3d 1281, 1285-1286 (11th Cir. 2000) ("Although a copyright need not have been registered in all cases before it may be infringed, the owner of that copyright must register the copyright before a federal court can entertain an infringement suit. Thus, even if the new claims relate back to the original claims, they may not be added because the district court did not have jurisdiction to hear the new claims at the time the original claims were filed."); RBC Nice Bearings, Inc. v. Peer Bearing Co., 2009 WL 3642769, at *6 (D. Conn. Oct. 27, 2009) ("permitting leave to file an amended complaint alleging newly registered copyrights that would relate back to the commencement of the action is not appropriate where the plaintiff attempted to correct the jurisdictional defect only after the three-year statute of limitations governing copyright infringement claims had elapsed"); Collezione Europa U.S.A., Inc. v. Amini Innovation Corp., 2009 WL 2634648, at *4 (D. N.J. Aug. 26, 2009) ("if the Court were to allow amendments that are out of time to relate back that involve entirely different copyrights for entirely different products, a party could readily evade a statute of limitations by bootstrapping stale copyright claims onto ones that are fresh, thus allowing the exception to swallow the rule"). Although the copyright registration for the architectural design has since been allowed, and is deemed effective as of November 14, 2008, the fact remains that on February 24, 2009, the date that this lawsuit was filed, Plaintiffs did not yet have the actual registration for the copyright of the architectural design of "The Jefferson."