Wishfire Enterprises, LLC v. Dancing Ferret Discs, Inc. Index No. 4:11-cv-00092-RH-WCS (N.D. Fla. filed 10/12/11) [Doc. 30].
This is a copyright-infringement and breach-of-contract case. The plaintiff The Cruxshadows is a band that records music and has had three number-one hits. The plaintiff Virgil R. Du Pont, III, is the band‟s lead member. T he other plaintiffs are a limited liability company and corporation that market the band's music under a license from the band or its lead member. All are based in Florida. The defendants moved to dismiss for failure to state a claim on which relief can be granted and lack of personal jurisdiction. The Court denied the motion.
The defendant Dancing Ferret Discs, Inc., has a record label and distributes music throughout the United States, including in Florida. Dancing Ferret' s principal place of business is in Pennsylvania. Citing Fla. Stat. § 48.193 (2010) and Cable/Home Communications Corp. v. Network Productions, Inc., 902 F.2d 829, 856-57 (11th Cir. 1990), the Court held that Florida's long-arm statute establishes jurisdiction when a nonresident transmits material into Florida that infringes a Florida resident‟s copyright. "[C]opyright infringement in Florida, though initiated from elsewhere, subjects the infringer to jurisdiction in Florida..."
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