Falcon Foto's civil lawsuit against Porn Kings, which was filed Sept. 24, 2006 in the U.S. District Court for the Western District of Washington, was rejected on March 5, because the plaintiffs sued on a "state" rather than "federal" cause of action.
Porn Kings counsel Venkat Balasubramani on Sept. 26, 2006 had filed a Complaint for Declaratory Relief for Non-Infringement of Copyright Law in the Central District Court of California.
The court found that the Falcon lawsuit was pre-empted because the cause of action already was covered under federal copyright law. Plaintiffs Cause of Action for Unjust Enrichment, Tortious Interference, and Unfair Competition were rejected by the court.
Falcon's argument was forestalled because remedies are provided under federal copyright law—specifically Section 301 of the Federal Copyright Act as interpreted by specific case precedent.
Asked whether Porn Kings' win was a pyrrhic victory, as the plaintiffs' attorney could still file under federal grounds, Balasubramani replied, "There's no doubt that a portion of this case is 'in play.' But, the ruling is an indication that the judge is fair and will look at the arguments closely. Falcon seems to think it can file a few documents, make a few threats, and ask for and receive a seven-figure amount. I don't think that's the way it works."
The U.S. District Court for the Western District did not rule on the U.S. copyright violation merits of the case. The Falcon Foto's attorney Robert Apgood was not available for comment.
