Re: Re: Copyright claim after application but before issuance?

On Tue, 25 Oct 2005, JFN wrote:

> I wondered as I read it why an issue so basic
> hasn't been settled. It occurs to me that the
> issue is probably always moot by the time it gets
> to the Court of Appeals. The registration relates
> back to the date of the application, so the only
> thing you lose is injunctive relief between the
> date of the application and the date of the grant
> or denial (note that a denial also satisfies the
> jurisdictional requirement).

I vaguely recall one case where the plaintiff was close to being barred by a statute of limitations, and the delay in getting the actual registration (or denial) was just enough to put him over the line, causing the suit to be dismissed.

I further and even more vaguely recall that it was one of the later cases in the Kregos matter, but wouldn't bet on it.

I can be more vague upon request. Received on Wed Oct 26 2005 - 01:55:45 GMT