among others: (1) was forced to resign for mishandling
PICA’s corporate resources;
continued accessing PharmPix’s database and servers after being terminated
from hisemployment; and (3) provided plaintiffs with unreliable evidence to support a copyright
infringement cause of action. Certainly, Mr. Dominguez’ illegal actions are ver
ysuspicious and make us wonder;
what does Mr. Scott Domínguez gain by providingthis kind of misleading information to plaintiffs?
Obviously, the forced answer isthat at the very least, he is gaining something from plaintiffs.
Nevertheless, as it will be further discussed in detail, not only plaintiffs are notentitled to the requested injunctive relief;
plaintiffs are not entitled to seek anyremedy before this Court at all
comprehensive review of plaintiffs’ complaint
andexhibits clearly shows that more than 90% of the allegations set forth in their complaintare for breach of contract, not under the Copyright or the Lanham Acts. Rather,
allegations and exhibits show that their claims arise under state contract lawand, accordingly, they must be heard before the courts of the Commonwealth of PuertoRico. Therefore, not only should this Honorable Court deny plaintiffs
request forpreliminary injunction without the need of a hearing, but to the extent that plaintiffs
owncomplaint lacks a bona fide claim for copyright infringement or unfair competitionagainst defendants, the same should be dismissed for lack of federal jurisdiction and forfailure to state a claim upon which relief can be granted.
Finally, but certainly not least, we must bring before this Honorable Court’s
attention that the herein appearing defendants have a copyright registration fortheir software, which predates any of plaintiffs
copyright registrations.Accordingly, the ownership rights that flow from defendants
registration are far
Case 3:11-cv-01218-GAG Document 25 Filed 03/17/11 Page 3 of 24