Court sends copyright tourist packing

August 7, 2015 – In a Memorandum Order issued today, Federal District Court Judge Aleta A. Trauger in Nashville sided with the firm’s client, Believe Digital (a digital music aggregator based in France), and its codefendant, SAAR (a music licensor based in Italy), granting dual motions to dismiss the copyright infringement complaint of plaintiff One Media IP (a U.K. entity) against them for lack of personal jurisdiction. Finding that One Media had “not demonstrated that Believe purposefully availed itself of the privilege of transacting business in Tennessee,” the court concluded that One Media “has not shown that it would be reasonable for the court to exercise personal jurisdiction over Believe.” In contrast to the firm’s briefing, the court characterized One Media’s submissions and factual contentions variously as “disingenuous,” “misleading,” “difficult to follow,” “vague,” "evasive" and “exaggerate[d]." The court pointed to “many instances” in which One Media “fudged the distinction” between entities formed in Tennessee and elsewhere to bolster its position that the case was rightfully before the Nashville court, and agreed with the firm’s suggestion that One Media “attempted. . .to manufacture an illusory present financial interest in this lawsuit" in a defunct Tennessee entity. Further proceedings in the action are pending.