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Caballero de la Salsa: "Mas Dinero!"
Highest Court First Circuit
Year Ended 2006
Plaintiffs Family of Artist(s)
Santa-Rosa, Gilberto
Defendants Insurer(s)
Music Distributor(s)
Record Label(s)
Other No Other parties on file
Short Description The "Caballero de la Salsa" sued his record company for underpayment of royalties according to an alleged contract that he did not retain a copy of. He had only been advanced $12,000 one time, never received royalties, and Defendants claimed not to know how many of his records they'd sold. Plaintiff sued under numerous different theories, including Copyright, contract, and Lanham, but the court found his claims all stated copyright actions, and thus the state actions were preempted and the Lanham claims were duplicative. Since his copyright claims were time-barred, well outside the three year statute of limitations, determining his actions to all state copyright actions meant that his entire complaint was dismissed. The Court of Appeal affirmed. - LSW

Legal Issues
Contracts Breach Payment & Performance
  Equitable Remedies Rescission
Copyrights Ownership Assignments, Licenses & Renewal Rights
    Declaratory Judgment
General Affirmative Defenses Federal Preemption
  Equitable Actions Unjust Enrichment
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts


Opinions Santa-Rosa v. Combo Records
471 F.3d 224
First Circuit , December 15, 2006 ( No. 05-2237 )


Santa-Rosa v. Combo Records
376 F.Supp.2d 148
D. Puerto Rico , June 28, 2005 ( No. 04-1405 (JAG) )


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Related Searches Parties
Family of Artist(s) ( Plaintiff )
Insurer(s) ( Defendant )
Music Distributor(s) ( Defendant )
Record Label(s) ( Defendant )
Santa-Rosa, Gilberto ( Plaintiff )

Legal Issues
Contracts / Breach / Payment & Performance
Contracts / Equitable Remedies / Rescission
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
Copyrights / Ownership / Declaratory Judgment
General / Affirmative Defenses / Federal Preemption
General / Equitable Actions / Unjust Enrichment
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts

Courts
First Circuit (highest court)
D. Puerto Rico


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