Cortes v. Sony Corp. of America

108 F. Supp. 3d 18, 2015 U.S. Dist. LEXIS 76501, 2015 WL 3610005
CourtDistrict Court, D. Puerto Rico
DecidedJune 10, 2015
DocketCivil No. 14-1578(GAG)
StatusPublished
Cited by3 cases

This text of 108 F. Supp. 3d 18 (Cortes v. Sony Corp. of America) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cortes v. Sony Corp. of America, 108 F. Supp. 3d 18, 2015 U.S. Dist. LEXIS 76501, 2015 WL 3610005 (prd 2015).

Opinion

OPINION AND ORDER

GUSTAVO A. GELPÍ, District Judge.

On July 28, 2014, Luis Adrian Cortes-Ramos (“Plaintiff’) brought this action against Sony Corporation of America, Sony ATV Music Publishing LLC, Sony Music Holdings Inc. d/b/a Sony Music Entertainment, Sony Pictures Television Inc., Sony Music Brazil, and Sony Electronics Inc. (hereinafter “Defendants”), alleging direct and vicarious copyright infringement under the Copyright Act of the United States, 17 U.S.C. § 1101, the Puerto Rico Trademark Act, P.R. Laws Ann. tit. 10, § 223, and the Lanham Act, 15 U.S.C. § 1125. (Docket No. 1.) Plaintiff essentially claims that Defendants’ release of a sound recording and music video of the song “Vida” violated his exclusive rights under the Copyright Act, 17 U.S.C. § 1101, the Lanham Act, 15 U.S.C. § 1125, and the Puerto Rico Trademark Act, Act No. 169 of Dec. 16, 2009, as amended by Act No. 124 of July 12, 2011. (Docket No. 1 ¶ 33.)

Presently before the court is Defendants’ motion to dismiss and/or stay Plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(2), 12(b)(3), and 12(b)(6). (Docket No. 18 at 1.) Defendants argue that the enforcement of arbitration provisions Plaintiff agreed to is proper, which requires the court to either dismiss the case or stay this action so that any claim Plaintiff elects to pursue can be arbitrated as agreed. (Docket No. 18 at 7-8.) Alternatively, Defendants move to dismiss Plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(6), arguing that Plaintiff fails to state a claim upon which relief can be granted. Id. at 2. Defendants also move to dismiss the case pursuant to Fed.R.Civ.P. 12(b)(2), arguing that this court lacks personal jurisdictions over Defendants, and pursuant to Fed.R.Civ.P. 12(b)(3), arguing improper venue.

After reviewing the pleadings and pertinent law, the court GRANTS Sony’s motion to dismiss at Docket No. 18.

I. Relevant Factual and Procedural Background

In 2013, Sony collaborated with Enrique Martin Morales, professionally known as Ricky Martin (“Martin”) in the “Super-Song” contest (“the Contest”), where contestants would compose, record, and submit an original musical composition and an accompanying music video with the winning composition to be sung by Martin and included in the 2014 FIFA World Cup Official Album. (Docket No. 18 at 3.) Defendants posted and/or published several advertising, videos, and messages about the Contest. (Docket No. 1 ¶ 16.) On or around mid-2013, Plaintiff became aware of the Contest while surfing the internet, immediately became interested in it, entered it and composed a song and recorded a video performance of the composition (the “Submission”). Id. ¶ 19. Plaintiff uploaded the Submission to the Contest’s website on January 2, 2014. Id. ¶ 23.

On January 8, 2014, Plaintiff was selected as one of twenty finalists in the Contest. Id. ¶ 25. Subsequently, on January 15, 2014, Plaintiff received an email from a Contest representative requesting that, in connection with his Submission, he sign several documents before a notary public and return the signed documents to Brazil. (Docket No. 1 ¶ 26; see also Docket No. 18-1 at 14-19.) On the next day, January 16, 2014, Plaintiff sent the documents to Brazil. Id. ¶ 27. Further, on January 17, 2014, Plaintiff followed up with a confirmation email, to which he received no reply. (Docket No. 1 ¶ 28.) According to the [22]*22Sony Music World Cup/FIFA Songwriting Contest Official Rules (the “Contest Rules”), the top five finalists were to be publicly disclosed on January 20, 2014. Id. ¶ 30; see Docket No. 18-1 at 27-28. Plaintiff alleges that his Submission was selected to be utilized by Defendants’ production managers prior to January 15, 2014, but that due to problems with Plaintiffs supplemental documentation and release as well as supplemental documentation of non-party contestant Elijah King, the names of the top five finalists of the Contest were not released. (Docket No. 1 ¶ 30.) On January 30, 2014, the five finalists were announced and Plaintiff was not among them. Id. ¶ 30. The winner of the Contest was announced on February 20, 2014, and again Plaintiff was neither mentioned nor credited. Id. ¶ 31.

On or around April 22, 2014, Martin released a sound recording and music video of the song “Vida”, which made Plaintiff feel surprised, disappointed, angered, and disillusioned because he alleges it was almost identical to the one he composed and created for the Contest. Id. ¶ 33. Plaintiff suffered mental anguish from these events. Id. ¶ 33. Martin never performed at the 2014 World Cup. Id. ¶ 34.

Plaintiff filed this suit alleging that he was misinformed and lured to enter and participate in the Contest through false information and threats for the sole purpose of obtaining a release to utilize his composition and creations. Id. ¶ 38. Plaintiff alleges that Defendants violated his exclusive rights through direct and vicarious copyright infringement under the Copyright Act, the Lanham Act, and the Puerto Rico Trademark Act. Id. ¶ 38.

II. Standard of Review

When considering a motion to dismiss for failure to state a claim upon which relief can be granted, see FED. R. CIV. P. 12(b)(6), the court analyzes the complaint in a two-step process under the current context-based “plausibility” standard established by the Supreme Court. See Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir.2012) (citing Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir.2011) which discusses Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) and Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). First, the court must “isolate and ignore statements in the complaint that simply offer legal labels and conclusions or merely rehash cause-of-action elements.” Id. A complaint does not need detailed factual allegations, but “[tjhreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678-79, 129 S.Ct. 1937. Second, the court must then “take the complaint’s well-[pleaded] (i.e., non-conclusory, non-speculative) facts as true, drawing all reasonable inferences in the pleader’s favor, and see if they plausibly narrate a claim for relief.” Schatz, 669 F.3d at 55.

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108 F. Supp. 3d 18, 2015 U.S. Dist. LEXIS 76501, 2015 WL 3610005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cortes-v-sony-corp-of-america-prd-2015.