United States District Court, N.D. Mississippi, Aberdeen Division
RONALDO DESIGNER JEWELRY, INC. PLAINTIFF
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
M. BROWN UNITED STATES DISTRICT JUDGE
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.
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.
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
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.
The Schalte ...