The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:
Wednesday, 30 January, 2013 11:44:04 AM
Clerk, U.S. District Court, ILCD
This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's claim for copyright infringement and Plaintiff's prayers for statutory damages and attorney's fees (d/e 8). Defendants' Motion to Dismiss Plaintiff's infringement claim is DENIED because Plaintiff received a decision on the application for copyright registration from the United States Copyright Office which renders it unnecessary to address Defendants' argument in support of this Motion. Defendants' Motion to Dismiss Plaintiff's prayers for statutory damages and attorney's fees, construed as a Motion to Strike, is GRANTED because Plaintiff's statements in the Complaint preclude an award of such damages.
In October 2006, Moon Technologies published a text created by employee, Rampasad Talluri, on Moon Technologies' website and affixed the © symbol as a copyright notice. Compl. ¶ 14. In December 2009, Plaintiff merged with Moon Technologies and acquired rights to the text. Compl. ¶ 15.
On or around January 1, 2010 Plaintiff began publishing the text under the career tab of Plaintiff's website and attached the © symbol. Comp. ¶¶ 16--17. The text appears as follows:
At Lead IT, you will work with a team of professionals committed to the highest standards of client service. Our employees, like our clients, [sic] are the corner stone of our business.
Our own employees' [sic] commit to managing their own career by seeking opportunities, taking responsibility for superior client service, and continuously building critical professional skills to enhance their development.
We strongly value the distinctly different ideas, backgrounds and experiences that our professional bring to their positions.
We strive to offer the opportunities you need to achieve your highest level of professional performance and to develop and refine the skills you will need throughout your career.
Our compensation package is among the best in the industry and is aimed at not only attracting but also retaining the best talent.
If you believe that your needs and ours coincide, we might have a win-win situation in the ...