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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`CASE NO. 2:24-cv-00919-JHC
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`ORDER
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`TAN MAY YEN,
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`Plaintiff,
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`v.
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`KO CHEUK YIN,
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`Defendant.
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`This matter comes before the Court sua sponte. Plaintiff claims that Defendant, “without
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`authorization, has copied, reproduced, and distributed Plaintiff’s copyrighted work by
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`incorporating it into a product sold through Amazon” in violation of 17 U.S.C. § 106. Dkt. # 1 at
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`3.
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`On June 26, 2024, the Court directed Plaintiff to comply with filing requirements under
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`Local Civil Rule 3(a) requiring parties to include a completed Form AO 121 when filing a
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`copyright case. Dkt. # 5. On July 5, 2024, Plaintiff filed the form. Dkt. # 7. On the form,
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`Plaintiff indicated that the copyright registration was “pending.” Id.
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`Under 17 U.S.C. § 411(a), “no civil action for infringement of the copyright in any
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`United States work shall be instituted until . . . registration of the copyright claim has been made
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`ORDER - 1
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`Case 2:24-cv-00919-JHC Document 13 Filed 07/22/24 Page 2 of 3
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`in accordance with this title.” A copyright claimant may commence an infringement suit only
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`after the U.S. Copyright Office registers the copyright. Fourth Est. Pub. Benefit Corp. v. Wall-
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`Street.com, LLC, 586 U.S. 296, 299 (2019). Registration occurs “when the Copyright Office
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`grants registration,” not when the copyright owner submits the copyright application materials to
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`the Copyright Office. Id. at 302. There is an exception for copyright owners who are “preparing
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`to distribute a work of a type vulnerable to predistribution infringement,” such as a “movie or
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`musical composition[.]” Id. at 301.
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`District courts, in their discretion, may sua sponte dismiss a case for failure to state a
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`claim if “the plaintiffs cannot possibly win relief.” Shoop v. Deutsche Bank Nat. Tr. Co., 465 F.
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`App’x 646, 647 (9th Cir. 2012) (internal citation omitted); see also Jefferies v. D.C., 916 F.
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`Supp. 2d 42, 44 (D.D.C. 2013) (“Courts may dismiss the action sua sponte under Rule 12(b)(6).”
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`(internal citations omitted)).
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`District courts sua sponte dismiss copyright claims for failure to register a copyright prior
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`to bringing a suit. See Hosseinzadeh v. Werlin, No. SACV151048DOCJCGX, 2016 WL
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`7508181, at *4 (C.D. Cal. Jan. 14, 2016); Patrick Collins, Inc. v. John Does 1-7, No. 12 CV
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`2963 VB, 2012 WL 1889766, at *2 (S.D.N.Y. May 24, 2012); TI Training Corp. v. FAAC, Inc.,
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`No. 1:09CV00973-WYD-MER, 2010 WL 2490535, at *3 (D. Colo. June 15, 2010); see also
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`Lafarga v. Lowrider Arte Mag., No. SACV11-1501 DOC MLGX, 2012 WL 3667441, at *5
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`(C.D. Cal. Aug. 24, 2012) (sua sponte ordering plaintiff to show cause as to “why the Court
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`should not dismiss this case for failure to allege copyright registration”). These courts determine
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`that registration under § 411(a) is a mandatory precondition to filing a copyright infringement
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`action. Lafarga, 2012 WL 3667441, at *5; TI Training Corp., 2010 WL 2490535, at *3. Here,
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`according to Plaintiff’s Form AO 121, the copyright is not yet registered, and “Excel Shortcut
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`ORDER - 2
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`Case 2:24-cv-00919-JHC Document 13 Filed 07/22/24 Page 3 of 3
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`Keys Mouse Pad - Extended Large XL Cheat Sheet Gaming Mousepad” is not “particularly
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`vulnerable to predistribution.” Fourth Est. Pub. Benefit Corp., 586 U.S. at 301.
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`The Court ORDERS Plaintiff to show cause by July 29, 20224, as to why the Court
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`should not dismiss Plaintiff’s claims for failure to register the copyright at issue. The Court
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`STAYS the motion to seal at Dkt. # 11.
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`Dated this 22nd day of July, 2024.
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`
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`John H. Chun
`United States District Judge
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`ORDER - 3
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