Saturday, April 30, 2016

Captain Kirk v. Iqbal

Star Date 93795.09 (thanks to star date calculator here): Today, paramount Pictures filed an amended complaint (here) against Axanar Productions in a copyright infringement suit in the U.S. District Court for the Central District of Florida. Paramount charges Axanar with “unauthorized exploitation of Star Trek, one of the most successful entertainment franchises of all time.” And it would be difficult to deny that allegation since Star Trek has spawned 6 television series and 12 movies with a new movie planned for release this year and a new T.V. series planned for 2017.

To Trekkies, the most important aspect of the Amended Complaint is the Star Trek photographs and trivia included in the pleading. For example, you may know that the Klingons are a warrior race from the planet Qo’noS and first appeared in a 1967 episode of the original series, but did you know that the Klingons’ planet was not seen until a 1990 episode (Amended Complaint at 11-12, 20)? Or that “Dilithium is a crystalline substance used in warp propulsion systems to regulate the matter/antimatter reactions that provide the energy necessary for faster-than-light speed (Amended Complaint at 29)”? The photographs and factual trivia take up 28 pages of the 48 page amended pleading.

To non-Trekkie lawyers, the importance of the Amended Complaint lies in the fact that it demonstrates (to the extreme) the change from simple “notice” pleading to the factually demanding “plausibility” pleading now required in federal courts by Ashcroft v. Iqbal (here). The case will likely demonstrate another fact of modern day litigation— discovery is unlikely to move at warp speed.

4 comments:

jaya said...

Send flowers to Patna |
online cake delivery in Delhi |
online cake delivery in Bangalore |
send flowers to Noida |
Send Flowers to Gurgaon |
online cake delivery in Surat |
online cake delivery in Nagpur |
online flower delivery in Amritsar |
online cake delivery in Faridabad |
flower and gift delivery in Kochi

jaya said...

Website Design and Web Development Jaipur
http://www.gitinfosys.com/
Being a website designing and web development company in Jaipur GIT Infosys will become your end to end partner to get your business online.

jaya said...

Drug Rehab - De-Addiction Treatment Center in Delhi
http://www.nvsindia.in/
NVS India is provides treatment and drug rehabilitation for alcohol and drugs addicts. Contact to Nasha Mukti Kendra in delhi, India Call +91 9828155322

jaya said...

computer repair and services jaipur
http://www.jicsindia.com/
Jics arena training institute – certified it & hardware courses for bright career of students
Laptop Service Centre in Jaipur is a professional Laptop repair centre, in the Rajasthan offers a comprehensive range of Laptop Services in Jaipur We repair and upgrade services along with friendly customer service. Our team of experienced technicians and hardware engineers can repair, service and upgrade laptop & desktop both.We can have your laptop/desktop problems fixed in less than a day and at times while you wait depends on condition.