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Curtis's executrix then filed the instant complaint in Superior Court. After the case was forwarded and assigned a docket number, a Superior Court judge correctly allowed the defendants' motion to dismiss because a Federal court does not have authority to transfer to a State court a case originally filed in Federal court. Jurisdiction over the State claims, and declared that he would "transfer" the case to the Massachusetts Superior Court. Having dismissed the two Federal claims, the judge declined to exercise supplemental
HERB CHAMBERS CLASS ACTIO REGISTRATION
As to the claim of copyright infringement, the judge concluded that Curtis had "not registered any copyright for the advertisements at issue, and copyright registration is a condition precedent to bringing an infringement action." As to the Lanham Act claim, the judge concluded that Curtis had failed to make the "vigorous evidentiary showing" needed to prove that the advertisements had acquired secondary meaning, and that secondary meaning was required to recover on a statutory trade dress claim involving product design. The Federal judge allowed the defendants' motion for summary judgment as to the Federal claims. § 1125 (2006), as well as the four State claims. Harold Curtis, doing business as Harold Curtis & Associates (Curtis), initially filed suit against the defendants in the United States District Court for the District of Massachusetts, asserting infringement under the Copyright Act, and trade dress violations of the Lanham Act, 15 U.S.C. We conclude that § 301 of the Copyright Act preempts all the claims in the complaint, and affirm the dismissal of the complaint.īackground. We granted the defendants' application for further appellate review. The Appeals Court affirmed the dismissal of count I, but reversed the dismissal of the remaining counts, and remanded the case. A judge dismissed the complaint, concluding that all the claims were preempted by the Federal Digital Millennium Copyright Act, 17 U.S.C. (Globe Specialty), alleging: common-law trade dress (count I), breach of the implied covenant of good faith and fair dealing (count II), interference with advantageous business relations (count III), and unfair and deceptive trade practices in violation of G. Curtis, the executrix of the estate of Harold Curtis, filed a complaint in Superior Court against the Chambers defendants (see note 3, supra) and Globe Specialty Products, Inc. Cooley for Herb Chambers I-95, Inc., & others.
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Albano with her) for Globe Specialty Products, Inc.Įdward C.
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Riley, J.Īfter review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.Ĭarol E. The plaintiff could not prevail on any of the four State law claims without aĬIVIL ACTION commenced in the Superior Court Department on February 8, 2007.Ī motion to dismiss was heard by Patrick J.
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The complaint on the ground that all the claims were preempted by theįederal Digital Millennium Copyright Act, 17 U.S.C. Ships, and unfair and deceptive trade practices, the judge properly dismissed In a civil action arising from the use of promotional materials, and allegingĬlaims of common-law trade dress, breach of the implied covenant of goodįaith and fair dealing, interference with advantageous business relation. Consumer Protection Act, Unfair or deceptive act. Implied covenant of good faith and fair dealing, Interference with contractual (3) SJC-10662 01 Appellant Curtis BriefĬopyright.(2) SJC-10662 02 Appellant Curtis Reply Brief.(1) SJC-10662 03 Appellees Herb Chambers Brief.674 OctoJanuCourt Below: Superior Court, Essex Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.