J. Walter Thompson P.R. Inc. v. Latin Am. Music Co.

308 F. Supp. 3d 611
CourtUnited States District Court
DecidedApril 6, 2018
DocketCivil No. 17–1094 (FAB)
StatusPublished
Cited by1 cases

This text of 308 F. Supp. 3d 611 (J. Walter Thompson P.R. Inc. v. Latin Am. Music Co.) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. Walter Thompson P.R. Inc. v. Latin Am. Music Co., 308 F. Supp. 3d 611 (usdistct 2018).

Opinion

FRANCISCO A. BESOSA, UNITED STATES DISTRICT JUDGE

Before the Court is defendant Peer International Corporation of Puerto Rico ("Peer International")'s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (" Rule 12(c)"). (Docket No. 52.) Also before the Court is defendants Latin American Music Company, Inc. ("LAMCO") and ACEMLA de Puerto Rico, Inc. ("ACEMLA")'s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket No. 45.) For the reasons set forth below, the Court GRANTS Peer International's motion for judgment on the pleadings. (Docket No. 52.) Consequently, LAMCO and ACEMLA's motion to dismiss is moot. (Docket No. 45.)

I. Background

Plaintiff J. Walter Thompson Puerto Rico ("Walter Thompson"), an advertising company, commenced this action on January 23, 2017 to resolve competing claims of ownership regarding "Llegó la Navidad" ("the composition") by Raúl Balseiro ("Balseiro").1 (Docket No. 1.) Walter Thompson filed an interpleader complaint pursuant to Federal Rule of Civil Procedure 22 (" Rule 22") because the "claims of several claimants or the titles on which their claims depend lack a common origin or are adverse." Fed. R. Civ. P. 22(a)(1)(A).

The parties concur that Walgreens commissioned Walter Thompson to produce a marketing campaign for the 2016 Christmas season. (Docket No. 1 at p. 3.) Walter Thompson agreed to indemnify and defend Walgreens against all litigation relating to the marketing campaign. Id. In furtherance of the campaign, Walter Thompson obtained a license from music publisher Peer International to use "Llegó la Navidad" for a $5,500.00 fee. Id. at p. 3.

After the marketing campaign aired throughout Puerto Rico, defendants LAMCO, a music publisher, and ACEMLA, a performing arts society, contacted Walgreens, claiming that LAMCO and ACEMLA possessed exclusive rights to the composition.2 Id. at pp. 2-3. Walter *614Thompson informed LAMCO and ACEMLA that it procured a license for "Llegó la Navidad" from Peer International. Id. at p. 2. Moreover, Walter Thompson provided LAMCO and ACEMLA with the following documents: (1) an October 1992 contract between Peer International and Balseiro transferring all rights and title of the composition to Peer International, (2) a certificate of registration from the United States Copyright Office, and (3) a certificate of recordation dated September 15, 2002. Id. at p. 4.

LAMCO and ACEMLA again contacted Walgreens, providing Walgreens with an additional copyright certificate for "Llegó la Navidad." Id. at p. 5. Because ownership of the composition remained in dispute, Walter Thompson withheld payment of the $5,500 licensing fee from Peer International, and initiated an interpleader action because "neither Peer Music nor LAMCO ACEMLA has taken any action among themselves in order to clarify the ownership of the copyright in the composition 'Llegó la Navidad.' " Id.

LAMCO and ACEMLA asserted a counterclaim, cross-claim, and third-party complaint against Walter Thompson, Peer International, and Walgreens, respectively. (Docket No. 14.) In the counterclaim, LAMCO alleges that it owns the copyright to "Llegó la Navidad." Id. at p. 6. LAMCO argues that Walter Thompson failed to secure a license from LAMCO, entitling LAMCO and ACEMLA to damages, attorney's fees, and injunctive relief pursuant to 17 U.S.C. sections 502 and 503. Id. at p. 7. With regard to the cross-claim, LAMCO and ACEMLA request a declaratory judgment that "as between LAMCO/ACEMLA and Peer [International], Peer [International] has no rights in and to 'Llegó la Navidad.' " Id. at p. 8. Finally, in the third-party complaint, LAMCO and ACEMLA maintain that Walgreens is liable for copyright infringement because Walgreens "never secured a license" to use the composition from LAMCO or ACEMLA. Id. at p. 9.

Walter Thompson asserted a cross-claim against Peer International, contending that Peer International is liable to Walter Thompson for damages stemming from use of the composition in the event that LAMCO is the legal owner of the composition.3 (Docket No. 16 at p. 5.) Subsequently, Peer International cross-claimed against LAMCO and ACEMLA, seeking a declaratory judgment, injunctive relief, and attorney's fees. (Docket No. 21.)

Two dispositive motions are pending before the Court. LAMCO and ACEMLA move to dismiss Peer International's cross-claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket Nos. 21 & 45.) Additionally, Peer International moves for judgment on the pleadings pursuant to Rule 12(c). (Docket *615No. 52.) LAMCO and ACEMLA's motion to dismiss is moot because the Court grants Peer International's motion for judgment on the pleadings.

II. Motion for Judgment on the Pleadings Standard

When considering a motion pursuant to Rule 12(c), a "court must view the facts contained in the pleadings in the light most favorable to the nonmovant and draw all reasonable inferences therefrom." Id. (internal quotation and citation omitted). "[A]n adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim." Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir. 2011). When faced with a motion for judgment on the pleadings, "[a] plaintiff is not entitled to 'proceed perforce' by virtue of allegations that merely parrot the elements of the cause of action." Ocasio-Hernández, 640 F.3d at 12 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ). Any "[n]on-conclusory factual allegations in the complaint [, however,] must ... be treated as true, even if seemingly incredible." Ocasio-Hernández, 640 F.3d at 12 (internal citation omitted).

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Related

J. Walter Thompson P.R., Inc. v. Latin Am. Music Co.
355 F. Supp. 3d 110 (U.S. District Court, 2019)

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Bluebook (online)
308 F. Supp. 3d 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-walter-thompson-pr-inc-v-latin-am-music-co-usdistct-2018.