Cong v. Zhao
2:21-cv-01703
W.D. Wash.Nov 15, 2024Background
- Plaintiffs Fang Cong and Lin Jiang claim ownership over certain disputed artwork, alleging copyright infringement by Defendant Xue Zhao.
- Zhao contends the artwork was made as joint works or was commissioned by Zhao, thus not solely owned by Plaintiffs.
- The dispute arises in the context of an alleged copyright infringement involving video game artwork distributed on Valve's Steam platform.
- Zhao, proceeding pro se, filed two motions to dismiss: one challenging Plaintiffs’ copyright ownership and one arguing the U.S. is an improper venue due to all parties being Chinese citizens and the centrality of evidence in China.
- The court construes Zhao's filings under Rule 12(b)(6) (motion to dismiss for failure to state a claim) and as applying the doctrine of forum non conveniens for the venue challenge.
- Both parties appear pro se, and the Court gave procedural guidance and reminders about length and filing requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Copyright Ownership | Plaintiffs are sole authors, own copyright | Plaintiffs' works were created jointly or on commission, so Zhao also has rights | Zhao fails to challenge sufficiency of claim; motion denied |
| Sufficiency of Pleading | Allegations, if true, state copyright claim | Plaintiffs' allegations are untrue; facts differ | On a 12(b)(6), court must take facts as true for Plaintiffs |
| Improper Venue / Forum Non Conveniens | Events, platform (Valve/Steam) link case to U.S.; Valve is key U.S. witness | All parties, evidence, and sales are in China; U.S. suit inconvenient | Zhao has not shown an adequate alternative forum or met burden; motion denied, leave to renew |
| Procedural Propriety | N/A | Pro se, may not fully understand rules | Guidance provided; both sides must follow rules |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (sets forth the plausibility standard for sufficiency of pleadings on a motion to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (establishes "plausible on its face" standard for civil pleadings)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) (sets standards for forum non conveniens in federal courts, including copyright cases)
- Lueck v. Sundstrand Corp., 236 F.3d 1137 (9th Cir. 2001) (outlines two-part test for forum non conveniens: adequate forum and balancing of interest factors)
- Carijano v. Occidental Petroleum Corp., 643 F.3d 1216 (9th Cir. 2011) (clarifies burden of proof in forum non conveniens motions)