July 28, 2015

Katie Perry Dismissed From Copyright Suit In Missouri For Lack Of Personal Jurisdiction

Gray v. Hudson, 14-cv-1183 (E.D. Mo. dated July 23,  2015).

A copyright action against Katie Perry alleging that her song "Dark Horse" infringes upon Plaintiff's gospel/hip-hop song was dismissed by the Court for lack of personal jurisdiction over Perry and the other defendants.  Fed. R. Civ. P. 12(b)(2).  Plaintiffs alleged that Defendants directed their marketing/promotion/sale of the song towards residents of the State of Missouri, including performing concerts in the state.  However, the Court agreed with Defendants that it lacked personal jurisdiction due to a lack of minimum contacts necessary to comport with due process.  The only defendant who did not contest jurisdiction, Capitol Records, moved to transfer the action to New York or California and the Court granted the motion to transfer to the Central District of California.