Tuesday, March 29th, 2016
Yesterday was a big day as our attorneys filed our second Motion to Dismiss. Basically, this is Axanar telling Paramount/CBS that their amended complaint still has fatal flaws and asking the court to dismiss the case.
You can read our statement about this here:
This is a pretty awesome document, which if you have time to read, will give you an indication of the quality of the representation we have. Erin Ranahan and her team at Winston & Strawn are experienced IP litigators and multiple parties we have talked to are telling us that the motion calls out serious problems that Paramount/CBS need to address. One of the most important parts of the motion is that we are asking the plaintiffs specifically who owns what copyrights. Because you cant sue for copyright infringement if you don’t own the copyrights. If what we have been told is true and CBS owns the relevant Star Trek copyrights, then Paramount can’t be part of this lawsuit. Because any copyright that Paramount may own, is derivative of the original copyrights from TOS. And you have to be the original copyright owner in order to sue. This is one of the things Winston & Strawn is looking for clarification of.
So what is next? Well, the plaintiffs can’t amend their complaint freely now because they used their one “free” amendment previously. So they will have to file an opposition to the motion. The court could still grant the motion to dismiss in part and let them amend– another amended complaint would just have to be court approved or court ordered. Some cases have several amended complaints (could have third, fourth, etc), which can come about because the court orders an amended complaint in response to a motion, or the plaintiff files a motion for leave to amend, which the court can then grant (and the standard there is liberal). Or the parties can submit a stipulation with a proposed court order to permit another amended complaint. The court will actually set a deadline for amending the pleadings several months out, and once that passes, the standard is much higher (meaning it’s harder to amend).
So there you go! I hope you all find this whole process as interesting as we do. And as always, we really hope we can resolve this case to the benefit of all fan films.