Prevue Pet Products, Inc. v. Avian Adventures, Inc.

MEMORANDUM OPINION AND ORDER

SCHENKIER, United States Magistrate Judge.

Plaintiffs Prevue Pet Products, Inc. and Bird City USA, Inc. have filed this action against Avian Adventures, Inc., Carol Frank and Sergio Tamez in connection with a dispute concerning bird cages. Plaintiffs seek a declaratory judgment that Mr. Tamez, rather than Avian or Ms. Frank, is the proper author and owner of the copyright in a certain style of bird cages (Sec. An. Compl., Count I). The plaintiffs also seek damages and other relief against Avian and Ms. Frank— but not Mr. Tamez — under a variety of state law theories…