United States District Court, Southern District of New York
July 7, 2003
STOCKART.COM, LLC, PLAINTIFF,
FLORISTS' TRANSWORLD DELIVERY, INC., DEFENDANT.
The opinion of the court was delivered by: Lewis Kaplan, District Judge
This action for copyright infringement is before the Court on defendant's motion to dismiss for lack of subject matter jurisdiction or other relief.
The complaint alleges infringement of "plaintiff's work," a term defined to mean "the illustrations which are attached hereto and which are incorporated herein by reference as Exhibit A." Cpt ¶ 9, 16-18, 20, 22-23, 26-27. It alleges that plaintiff has registered its claims for copyright "by filing with the Copyright Office . . . Forms VA and all materials and fees necessarily accompanying the same for the purposes of acquiring registration" and that the "applications . . . are attached to Plaintiff's work as part of Exhibit A." Id. ¶¶ 12-13. The complaint does not allege, however, that the applications for registration have been granted or denied.
As this Court previously has held, registration of copyright, with exceptions not here relevant, is a jurisdictional prerequisite to the commencement of an action for copyright infringement. E.g., Robinson v. Princeton Review, Inc., 41 U.S.P.Q.2d 1008, 1015 (S.D.N.Y. 1996); accord, Archie Comic Publications, Inc. v. DeCarlo, No. 00 Civ. 5686 (LAK), 2001 WL 831250, at *1 (S.D.N.Y. July 23, 2001).
Accordingly, defendant's motion is granted and the action dismissed for lack of subject matter jurisdiction.
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