In a recent opinion from the Northern District of Illinois, the Court took up four separate motions filed by plaintiff, Turtle Wax, Inc. One such motion sought dismissal of defendant, Zymol Enterprise's, counterclaim for copyright infringement. In dismissing the counterclaim for lack of subject matter jurisdiction, the Court explained what is considered a well-known rule of copyright law, that a copyright registration is a prerequisite to filing suit for copyright infringement. See 17 U.S.C. 411 for this rule and its very narrow exception. Since Zymol never alleged ownership of a valid copyright registration in the work at issue, the Court had no choice but to grant Turtle Wax's motion to dismiss.
Turtle Wax, Inc. v. Zymol Enterprises, Inc., (Slip Op.) 2006 WL 335797 (N.D.Ill., February 13, 2006).
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