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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

However They are Styled, Claims Involving Copyright Ownership are Federal Questions

Posted in Pleading Requirements

Clarke v. Gregory, No. 09 C 7978, Slip Op. (N.D. Ill. Jul. 26, 2010) (Dow J.).

Judge Dow denied declaratory judgment plaintiff’s motion to remand this case involving rights to two plays to state court. Plaintiff argued that her claim sounded in contract and therefore, should not have been removed to Federal Court. But plaintiff claimed rights in two plays, the first allegedly covered by the contract, and the second not. At a minimum, therefore, the claim for the second play sounded in copyright and was a federal question.