SPARTA SURF, INC. AND SASSON JOURY, PETITIONERS,
v.
THE HONORABLE LAWRENCE L. KORDA, RESPONDENT
POLEN, Judge.
This is a petition for writ of prohibition in which petitioners Sparta Surf, Inc. and Sasson Joury sought to bar Broward Circuit Judge Lawrence Korda from proceeding further to enforce an emergency injunction and restraining order against them for alleged copyright violations. We grant the petition, quash the trial court’s injunction and restraining order, and issue the writ prohibiting the trial court from exercising further jurisdiction over the copyright suit.
To be sure, the essence of the complaint against petitioners is a claim of copyright violations. The fact that the complaint also attached a copy of a trademark application and filing receipt does not change what the actual pleadings allege, which is copyright law, not a trademark claim. Copyright law is within the exclusive jurisdiction of the federal district courts. See 28 U.S.C. § 1338(a); Pincus v. Carlisle, 585 So. 2d 1172 (Fla. 4th DCA 1991); Garrido v. Burger King Corp., 558 So. 2d 79 (Fla. 3d DCA 1990).
DELL, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Southpointe Pharmacy, 636 So. 2d 1377 (Fla. 1st DCA 1994)…r the “[cjopyright law is within the exclusive jurisdiction of the federal district courts. See ... Pincus v. Carlisle, 585 So. 2d 1172 (Fla. 4th DCA 1991); Garrido v. Burger King Corp., 558 So. 2d 79 (Fla. 3d DCA 1990).” Sparta Surf, Inc. v. Korda, 599 So. 2d 242 (Fla. 4th DCA 1992). Until January 1, 1978, state courts had jurisdiction to decide common law copyright claims which were, indeed, predicated on state law. See, e.g., Manasa v. University of Miami, 320 So. 2d 467 (Fla. 3d DCA 1975). Since then, sta…
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Pro-Med Clinical Sys., L.L.C. v. Utopia Provider Sys., Inc., 18 So. 3d 1146 (Fla. 4th DCA 2009)…pyright infringement claim. Jurisdiction A writ of prohibition is a proper remedy to prevent a trial court from asserting subject-matter jurisdiction over matters within the exclusive jurisdiction of the federal courts. Sparta Surf, Inc. v. Korda, 599 So. 2d 242, 243 (Fla. 4th DCA 1992); Pincus v. Carlisle, 585 So. 2d 1172 (Fla. 4th DCA 1991) (granting prohibition where circuit courts were acting over claims of copyright violations within the exclusive jurisdiction of the federal courts); see also Am. Marit…
Authorities Cited
- Garrido v. Burger King Corp., 558 So. 2d 79 (Fla. 3d DCA 1990)
- Pincus v. The Honorable James T. Carlisle, 585 So. 2d 1172 (Fla. 4th DCA 1991)
- Anthony v. State, 585 So. 2d 1172 (Fla. 2d DCA 1991)