Zoltan KRISKO, Plaintiff, V. MARVEL ENTERTAINMENT, LLC, Warner
Krisko v. Marvel Entertainment, LLC, 473 F.Supp.3d 288 (2020) 2020 Copr.L.Dec. P 31,687 [6] owner failed to alleged contributory infringement or 473 F.Supp.3d 288 vicarious liability for infringement. United States District Court, S.D. New York. Zoltan KRISKO, Plaintiff, Motion granted in part and denied in part. v. MARVEL ENTERTAINMENT, LLC, Warner Chappell Music, Inc., the West Headnotes (49) Walt Disney Co. Fox Corp., Buena Vista Television, LLC, Nbcuniversal [1] Federal Courts Presumptions and burden Media, LLC, Amazon.com, Inc., Apple, of proof A plaintiff bears the burden of demonstrating Inc., Ronald Aaron Wasserman, personal jurisdiction over a person or entity Shuki Levy, Haim Saban, Defendants. against whom it seeks to bring suit. 1:19-cv-9256-GHW | [2] Federal Courts Presumptions and burden Signed 07/21/2020 of proof Synopsis To defeat a jurisdiction-testing motion, the Background: Composer of copyrighted song sued creators plaintiff's burden of proof varies depending on and distributors of television show whose theme music the procedural posture of the litigation. allegedly infringed. Creators moved to dismiss. [3] Federal Courts Weight and sufficiency Holdings: The District Court, Gregory H. Woods, J., held At the pleading stage—and prior to discovery— that: a plaintiff seeking to defeat a jurisdiction-testing motion need only make a prima facie showing [1] theme composer did not “transact business” in New York that jurisdiction exists. within meaning of New York long-arm statute; [2] composer was never physically present
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