Legal Opinion

Berrios Nogueras v. Home Depot

District Court, D. Puerto Rico

Decided August 11, 2004No. CIV. 02-2069RLAPublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

ACOSTA, District Judge.

Plaintiff brought this action for copyright infringement pursuant to the Copyright Act of 1976, as amended, particularly under the provisions of Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 101 et. seq., Defendants HARRIS PAINTS, HOME DEPOT, U.S., INC., and LANCO MANUFACTURING CORP. have filed a motion to dismiss under Rule 12(b)(6) (docket No. 13), arguing that even accepting all of plaintiffs allegations as true, he is not entitled to relief under VARA.

BACKGROUND

Plaintiff alleges that defendants posted his work of…

2Cases cited8 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  3. William R. Gooley v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1988
  4. James Chongris and George Chongris v. Board of Appeals of the Town of AndoverCourt of Appeals for the First Circuit · 1987
  5. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Teter v. Glass Onion, Inc.District Court, W.D. Missouri · 2010
  2. Rivera v. Mendez & Co.District Court, D. Puerto Rico · 2011
  3. Lilley v. StoutDistrict Court, District of Columbia · 2005
  4. Beard v. HelmanDistrict Court, M.D. Pennsylvania · 2022

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