Cosmetic Ideas, Inc. v. IAC InterActiveCorp
United States Court of Appeals for the Ninth Circuit
606 F.3d 612 (2010)
- Written by Mike Cicero , JD
Facts
Cosmetic Ideas, Inc. (Cosmetic) (plaintiff) created and sold costume jewelry. According to Cosmetic, the Home Shopping Network, Inc. (HSN) began selling jewelry virtually identical to Cosmetic’s jewelry between 2005 and 2008. Cosmetic filed an application with the United States Copyright Office to obtain a copyright registration for its jewelry. On March 12, 2008, Cosmetic obtained a confirmation that the Copyright Office had received Cosmetic’s application. On March 27, 2008, Cosmetic filed a copyright-infringement action in the United States District Court for the Central District of California against HSN and a related company, IAC InterActiveCorp (collectively, HSN) (defendants). Although the Copyright Office ultimately issued a registration certificate to Cosmetic, that issuance did not occur until after Cosmetic had filed its complaint. HSN moved to dismiss the lawsuit for failure to state a claim as well for lack of subject-matter jurisdiction, arguing that Cosmetic did not possess a valid registration at the time it filed suit. The district court granted HSN’s motion on the ground the court lacked subject-matter jurisdiction. Cosmetic appealed.
Rule of Law
Issue
Holding and Reasoning (Trager, J.)
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