Kiss Catalog, Ltd. v. Passport International Productions, Inc.

ORDER GRANTING MOTION TO RECONSIDER, VACATING FINDING OF UNCONSTITUTIONALITY, AND DENYING DEFENDANTS’ MOTION TO DISMISS ON GROUNDS OF UNCONSTITUTIONALITY

FISCHER, District Judge.

INTRODUCTION AND PROCEDURAL BACKGROUND

On December 21, 2004, the Honorable William J. Rea, to whom this case was originally assigned, granted Defendants’ motion to dismiss the Seventh Claim for Relief for violation of 17 U.S.C. § 1101, the anti-bootlegging statute, finding that § 1101(a)(3) violated the “for limited Times” requirement of the Copyright Clause and was therefore unconstitutional. KISS Catalog v. Passport…