QOTD Film Investment Ltd. v. Doe 1 et al

Filing 131

ORDER re defendant Brian Wilson and counterclaimant Judy Rushing's 119 Motion for Summary Judgment on Non Infringement Due to Lack of Standing; staying case for thirty days; striking trial date and all remaining case management deadlines, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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QOTD FILM INVESTMENT, LTD,

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Plaintiff,

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Case No. C16-0371RSL
v.
ORDER STAYING CASE
MARY STARR, et al.,
Defendants.

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This matter comes before the Court on defendant Brian Wilson and

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counterclaimant Judy Rushing’s “Motion for Summary Judgment of Non Infringement

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Due to Lack of Standing.” Dkt. # 119. On March 25, 2017, plaintiff QOTD Film

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Investment, Ltd., was dissolved. Under the United Kingdom Companies Act, section

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1012(1), all of plaintiff’s property and rights, including the copyright at issue in this

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litigation, were deemed ownerless goods as of that date and were automatically

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transferred to the Crown. Wilson and Rushing argue, and plaintiff does not dispute, that

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plaintiff cannot succeed on its infringement claim if it does not own the copyright.

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Plaintiff asserts, however, that a third party entity is taking steps to reinstate plaintiff, at

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which point the company will be “deemed to have continued in existence as if it had not

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been dissolved or struck off the register.” U.K. Companies Act § 1032(1).

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At the moment, plaintiff has no interest in the subject copyright and does not have
standing to pursue an infringement claim. The above-captioned matter is hereby
ORDER STAYING CASE - 1

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STAYED for thirty days to allow plaintiff an opportunity to obtain a court order restoring

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it to the register. If proof of registration is not filed within that time period, plaintiff’s

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infringement claims will be dismissed.

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The trial date and all remaining case management deadlines are hereby

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STRICKEN. The pending motions in limine will be renoted if plaintiff is reinstated in a

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timely manner. Plaintiff need not respond to the motions at this time.

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Dated this 23rd day of March, 2018.

A

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Robert S. Lasnik
United States District Judge

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ORDER STAYING CASE - 2