A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Court Remands Action Where Complaint Does Not Expressly Mention Copyright Violation

In an April 8, 2014 ruling, Judge Paul A. Crotty remanded the action to the New York State Supreme Court despite the defendant’s contention that the plaintiff’s claims sounded in copyright infringement. The Court wrote:
Here, Plaintiff neither explicitly nor necessarily relies on federal law. Instead, the Summons merely alleges “wrongful conversion” of “intellectual property.” . . . While the action may arise under the Copyright Act, the Summons does not provide the facts necessary to draw that conclusion.
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