the background context of Malibu's formation, the Affidavit of Collette Field, the text of the Written Assignment of September 13, 2012, and the text of the Clarification Agreement from December 5, 2012, all demonstrate that [Mr.] Field intended to transfer and did transfer complete and exclusive rights in his copyrighted works to Malibu when the company was formed on February 8, 2011. Malibu was the 'exclusive' owner of the Brigham Field copyrights as of that time, and it has standing to sue for infringement of those works presently.Malibu Media, LLC v. John Does 1, 6, 13, 14, and 16, No. 12-2078, 2013 WL 30648, at *6 (E.D. Pa. Jan. 3, 2013); see also Malibu Media v. John Does 1-13, No. 12-12586 (E.D. Mich. Feb. 22, 2013) (concluding that Malibu Media had standing because the registration was corrected through the Form CA filed with the Copyright Office on September 13, 2012); Malibu Media, LLC v. John Does 7, 9-11, 15-31, 33-36, and 39, No. 12-01953, 2013 WL 3753435, at *4-6 (D. Colo. July 15, 2013) (finding that Malibu Media owned copyrights for the works, was properly assigned exclusive rights to the works, and had the right to sue for past infringement); Malibu Media, LLC v. Reynolds, No. 12 C 6672, 2013 WL 870618, at *4 (N.D. Ill. Mar. 7, 2013) ("The error in Malibu Media's registration with the United States Copyright Office does not deprive it of standing to enforce its copyrights"). Even more compelling, Plaintiff submitted its corrected copyright registrations for the Works reflecting that Mr. Field created the Works but transferred his rights to Malibu Media after the company was formed, but before the original registration certificates were issued (ECF No. 68).
On the contrary, a simple search has shown that Plaintiff has been able to survive motions to dismiss including a motion to dismiss in the present action. [Dkt. 36]; see also e.g. Malibu Media, LLC v. Harris, 1:12-cv-1117-WTL-MJD, 2013 WL 3780571 (S.D. Ind. July 18, 2013); Malibu Media, LLC v. John Does 7, 9-11, 15-31, 33-36, 39, 12-cv-01953-WYD-MEH, 2013 WL 3753435 (D. Colo. July 15, 2013); Malibu Media, LLC v. John Does 1-15, 12-2077, 2012 WL 3518116 (E.D. Pa. Aug. 13, 2012). Thus, the Court finds that Plaintiff has a likelihood of success on the merits.
Id. Cox also does not direct the Court to any case where motions to dismiss or motions for summary judgment have been granted against the Plaintiff in these actions. On the contrary, a simple search has shown that Plaintiff has been able to survive motions to dismiss. See e.g. Malibu Media, LLC v. Tashiro, 1:13-cv-205-WTL-MJD, 2013 WL 4763498 (S.D. Ind. Sept. 4, 2013); Malibu Media, LLC v. Harris, 1:12-cv-1117-WTL-MJD, 2013 WL 3780571 (S.D. Ind. July 18, 2013); Malibu Media, LLC v. John Does 7, 9-11, 15-31, 33-36, 39, 12-cv-01953-WYD-MEH, 2013 WL 3753435 (D. Colo. July 15, 2013); Malibu Media, LLC v. John Does 1-15, 12-2077, 2012 WL 3518116 (E.D. Pa. Aug. 13, 2012). Thus, the Court finds that Plaintiff has a likelihood of success on the merits.
Id. Wyatt also does not direct the Court to any case where motions to dismiss or motions for summary judgment have been granted against the Plaintiff in these actions. On the contrary, a simple search has shown that Plaintiff has been able to survive motions to dismiss. See e.g. Malibu Media, LLC v. Tashiro, 1:13-cv-205-WTL-MJD, 2013 WL 4763498 (S.D. Ind. Sept. 4, 2013); Malibu Media, LLC v. Harris, 1:12-cv-1117-WTL-MJD, 2013 WL 3780571 (S.D. Ind. July 18, 2013); Malibu Media, LLC v. John Does 7, 9-11, 15-31, 33-36, 39, 12-cv-01953-WYD-MEH, 2013 WL 3753435 (D. Colo. July 15, 2013); Malibu Media, LLC v. JohnDoes 1-15, 12-2077, 2012 WL 3518116 (E.D. Pa. Aug. 13, 2012). Thus, the Court finds that Plaintiff has a likelihood of success on the merits.
Id. Defendant also does not direct the Court to any case where motions to dismiss or motions for summary judgment have been granted against the Plaintiff in these actions. On the contrary, a simple search has shown that Plaintiff has been able to survive motions to dismiss. See e.g. Malibu Media, LLC v. Tashiro, 1:13-cv-205-WTL-MJD, 2013 WL 4763498 (S.D. Ind. Sept. 4, 2013); Malibu Media, LLC v. Harris, 1:12-cv-1117-WTL-MJD, 2013 WL 3780571 (S.D. Ind. July 18, 2013); Malibu Media, LLC v. John Does 7, 9-11, 15-31, 33-36, 39, 12-cv-01953-WYD-MEH, 2013 WL 3753435 (D. Colo. July 15, 2013); Malibu Media, LLC v. John Does 1-15, 12-2077, 2012 WL 3518116 (E.D. Pa. Aug. 13, 2012). Thus, the Court finds that Plaintiff has a likelihood of success on the merits.