Registration of a Copyright as a Prerequisite to Bringing a Declaratory Judgment Action for Non-Infringement of that Copyright: Is There an Emerging Trend Favoring Jurisdiction Without Registration?
Imagine you are an executive for a software provider and your biggest competitor just filed an unfair competition lawsuit in state court, alleging your product illegally copies or infringes its product. To compound things, the competitor’s sales force is disseminating “pirating” allegations to your shared customer base, creating an unflattering buzz about your company.