on the defendant, Nimmer on Copyrights Section 12.11(C) (1979), however, the defendant has not presented one fact or pointed to any circumstance which would indicate that the plaintiff does not have a legitimate claim to statutory copyright. Neither has he indicated that any information not already available to the Court would be forthcoming at trial. In fact, the defendant has stated that this is an appropriate case for summary judgment since all of the facts are presented and are undisputed. Under these circumstances, a requirement that the plaintiff make more of a showing as to the validity of its copyright than it already has would be contrary to the statutory presumption in favor of the validity of registered copyrights.
Accordingly, this Court finds (1) that the plaintiff has a valid Statutory copyright in the Urantia Book; (2) that the defendant has infringed that copyright; (3) that there are no issues of material fact; and (4) that the plaintiff is entitled to judgment as a matter of law. Therefore, the plaintiff’s Motion for Summary Judgment is hereby granted. The defendant’s Motion for Summary Judgment is denied.
Patent and Trademark Office
Trademark Trial and Appeal Board
In re Drums, Ltd.
Decided Feb. 5, 1981
Appeal from Examiner of Trademarks.
Application for registration of trademarks of Drums, Ltd., Serial No. 154,111, filed Jan. 3, 1978, and 154,222, filed Jan. 4, 1978. From decision refusing registrations, applicant appeals. Affirmed.
Kera, Member.
Drums, Ltd., located in Chicago, Illinois, has filed two applications to register the mark “DRUMS LTD” (the word “DRUMS” is disclaimed in both applications) for repairs and maintenance services to percussion musical instruments and accessories, including drums, timpani, chimes, marimbas, xylaphones, vibraphones, musical instrument cases and pedals for cymbals and drums;[1] and for percussion musical instruments and accessories, namely, drums, drum heads, timpani, practice pads, cymbals, cases for drums, xylaphones, marimbas, vibraphones, bell lyras, chimes, mallets, drum sticks, foot pedals for drums and cym-
- ↑ *With applicant’s consent, Board Member Rice has been substituted for Member Fowler, who has retired.
- ↑ Serial No. 154,111, filed Jan. 3, 1978, alleging first use on March 14, 1974.
