Hamlin v. Trans-Dapt of California, Inc.

Filing 38

ORDER: For the reasons set forth in the accompanying Memorandum Opinion, Trans-Dapt's Motion for Summary Judgment 24 is GRANTED IN PART AND DENIED IN PART. Specifically, the Court finds that Trans-Dapt is entitled to judgment in its favor as a matter of law as to the first and third issues presented: Hamlin is entitled to a statutory damages award based upon the infringement of one copyrighted work; and Hamlin does not raise a viable claim for violation of the TCPA. The TCPA claim is ther efore DISMISSED. Material factual disputes, however, preclude summary judgment on the question of whether Trans-Daptshould be considered an innocent infringer. Trans-Dapt's motion for partial summary judgment as to that claim is consequently DENIED. Signed by Senior Judge Thomas Wiseman on 11/3/08. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ROBERT SCOTT HAMLIN, Plaintiff, v. TRANS-DAPT OF CALIFORNIA, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 3:07-cv-01027 Judge Thomas A. Wiseman, Jr.

ORDER Plaintiff Robert Scott Hamlin brings this action against defendant Trans-Dapt of California, Inc. ("Trans-Dapt") for damages and injunctive relief on the grounds of alleged copyright infringement and violation of the Tennessee Consumer Protection Act ("TCPA"). Trans-Dapt concedes that it infringed Hamlin's copyrighted work. Now before the Court is Trans-Dapt's Motion for Partial Summary Judgment (Doc. No. 24) in which the defendant seeks judgment in its favor on three specific legal issues: (1) that Hamlin is entitled to one statutory damages award based on the infringement of one copyrighted work rather than numerous statutory damages awards based on the alleged number of infringements; (2) that Trans-Dapt's infringement was "innocent"; and (3) that Hamlin has failed to state a valid claim under the TCPA. For the reasons set forth in the accompanying Memorandum Opinion, Trans-Dapt's motion is hereby GRANTED IN PART AND DENIED IN PART. Specifically, the Court finds that Trans-Dapt is entitled to judgment in its favor as a matter of law as to the first and third issues presented: Hamlin is entitled to a statutory damages award based upon the infringement of one copyrighted work; and Hamlin does not raise a viable claim for violation of the TCPA. The TCPA claim is therefore DISMISSED. Material factual disputes, however, preclude summary judgment on the question of whether Trans-Dapt should be considered an innocent infringer. Trans-Dapt's motion for partial summary judgment as to that claim is consequently DENIED. It is so ORDERED. Thomas A. Wiseman, Jr. Senior U.S. District Judge