See Compl., Exh. 1 (Order & Op. in No. 06-2076). Opinions from some of these cases make somewhat clearer the gravamen of Plaintiff's claim. It appears Plaintiff obtained copyright protection for drawings entitled "Zodiac Knights 2000," and that at some point the Cartoon Network aired a series entitled "Knights of the Zodiac," which he believes infringed on his copyright. Id. at 1-2; see also Potter v. United States, 424 Fed. Appx. 941 (Fed. Cir. 2011). Both Toei and the United States have now filed Motions to Dismiss, which the Court will address in turn, following which it will discuss the series of other motions Plaintiff has filed during the pendency of the case.
See Compl., Exh. 1 (Order & Op. in No. 06–2076). Opinions from some of these cases make somewhat clearer the gravamen of Plaintiff's claim. It appears Plaintiff obtained copyright protection for drawings entitled “Zodiac Knights 2000,” and that at some point the Cartoon Network aired a series entitled “Knights of the Zodiac,” which he believes infringed on his copyright. Id. at 1–2; see also Potter v. United States, 424 Fed.Appx. 941 (Fed.Cir.2011). Both Toei and the United States have now filed Motions to Dismiss, which the Court will address in turn, following which it will discuss the series of other motions Plaintiff has filed during the pendency of the case.
“A motion to dismiss...for failure to state a claim upon which relief can be granted is appropriate when the facts asserted by the plaintiff do not entitle him to a legal remedy.” Potter v. United States, 424 Fed.Appx. 941, 943 (Fed.Cir. 2011) (quoting Boyle v. United States, 200 F.3d 1369, 1372 (Fed.Cir. 2000)). The complaint's lack of an adequate factual basis for the claims of patent infringement and trade dress infringement make it subject to dismissal under this standard.