Kris Lindahl Real Estate, LLC v. RE/MAX Escarpment Golfi Realty Inc.

Background

Kris Lindahl Real Estate, LLC and Lindahl Realty, LLC, referred to together as “Lindahl,” sued RE/MAX Escarpment Golfi Realty Inc., referred to as “Golfi.” Lindahl asserted a breach-of-contract claim in Count I and a willful copyright-infringement claim in Count II. Golfi moved to dismiss under the standard requiring a complaint to allege enough facts to make a claim plausible.

Copyright Claim

The court explained that the Copyright Act does not apply to conduct outside the United States. A copyright plaintiff therefore must plead facts supporting domestic infringement. The complaint contained no allegations that any act of copyright infringement occurred in the United States. The court granted Golfi’s motion to dismiss the copyright-infringement claim.

Contract Claim and Disposition

After dismissing the copyright claim, the only remaining claim was the breach-of-contract claim. The court declined to exercise supplemental jurisdiction over that claim because it had dismissed the federal claim over which it had original jurisdiction.

The order granted Golfi’s Motion to Dismiss. It dismissed Lindahl’s copyright-infringement claim without prejudice. It also declined to exercise jurisdiction over the breach-of-contract claim and dismissed the complaint without prejudice.