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Puddle of Mudd Ditches Members (II)
Highest Court W.D. Missouri
Year Ended 2007
Plaintiffs Former Band Member(s)
Defendants Band Member(s)
Other Limp Bizkit
Puddle of Mudd
Short Description This isn't the only case against entities related with Puddle of Mudd regarding the circumstances of their record contract and subsequent popularity (see also "Puddle of Mudd Ditches Members (I)," filed by other members of the band). According to the facts presented in this opinion, Plaintiff and others founded the band without lead singer Wes Scantlin, though he joined later. When the band came to the attention to Fred What's-his-Name from Limp Bizkit, Scantlin apparently seized the negotiations for his own benefit and ditched the other band members, though they'd founded the band, co-written songs and even auditioned for record labels alongside Scantlin. Plaintiff sued for an accounting and various other state and federal causes of action, though he attempted to disguise some as state claims (perhaps to have the advantage of a longer statute of limitations). However, any state claims premised on copyright infringement would be susceptible to copyright's three-year limitation, and Plaintiff's claims fall within copyright law anyway. However, because there are issues of fact regarding when Plaintiff's claim accrued, Plaintiff was granted time to amend his complaint appropriately. - LSW

Legal Issues
Business Associations Fiduciary Relationships Fiduciary Duties
Copyrights Ownership Declaratory Judgment
    Joint Authorship, Works-for-Hire & Derivative Creations
General Affirmative Defenses Statutes of Limitation
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts


Opinions Spurgeon v. Scantlin
502 F. Supp. 2d 1021
W.D. Missouri , June 11, 2007 ( No. 06-0422-CV-W-HFS )


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Related Searches Parties
Band Member(s) ( Defendant )
Former Band Member(s) ( Plaintiff )
Limp Bizkit ( Other )
Puddle of Mudd ( Other )

Legal Issues
Business Associations / Fiduciary Relationships / Fiduciary Duties
Copyrights / Ownership / Declaratory Judgment
Copyrights / Ownership / Joint Authorship, Works-for-Hire & Derivative Creations
General / Affirmative Defenses / Statutes of Limitation
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts

Courts
W.D. Missouri (highest court)


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