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Ronaldo Designer Jewelry, Inc. v. Cox

United States District Court, N.D. Mississippi, Aberdeen Division

April 24, 2019

RONALDO DESIGNER JEWELRY, INC. PLAINTIFF
v.
JAMES B. COX and CATHERINE A. COX d/b/a JC DESIGNS d/b/a WIRE N RINGS and JOHN DOE a/k/a LEROY and JOHN DOES No. 1 through 99 DEFENDANTS

          ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         This intellectual property action is before the Court on “Defendants James B. Cox and Catherine A. Cox's Motion for Issuance of Request to Register of Copyrights pursuant to 17 U.S.C. § 411(b)(2).” Doc. #143.

         I

         Procedural History

         On March 9, 2017, Ronaldo Designer Jewelry, Inc. filed an amended complaint against James B. Cox and Catherine A. Cox d/b/a JC Designs d/b/a Wire N Rings, John Doe a/k/a Leroy, and John Does Numbers 1 through 99, alleging, among other things, a claim for copyright infringement. Doc. #58. Ronaldo's copyright claims are premised on copyright registrations for three wire bracelets-The Love Knot, The Angelina Bracelet, and Name This Bracelet (now known as The Hero Bracelet). Id. at ¶¶ 19-26.

         On September 2, 2018, the Coxes, alleging that “the information … Ronaldo provided in its copyright applications … for the Power of Prayer jewelry design and the Angelina jewelry design … was materially inaccurate and incomplete, ” moved this Court pursuant to 17 U.S.C. § 411(b)(2) to issue a request to the Register of Copyrights to determine whether the Register would have refused Ronaldo's registrations in light of the alleged inaccurate or missing information. Doc. #143. Ronaldo responded in opposition to the motion on September 17, 2018. Doc. #155. The Coxes filed a reply on September 25, 2018, one day after the reply deadline. Doc. #169; see L.U. Civ. R. 7(b)(4) (“Counsel for movant desiring to file a rebuttal may do so within seven days after the service of the respondent's response and memorandum brief.”).

         II

         Standard

         Requests to the Register of Copyrights are authorized by 17 U.S.C. § 411(b), which provides:

(1) A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless--
(A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and
(B) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration.
(2) In any case in which inaccurate information described under paragraph (1) is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.

         A. The Schalte ...


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