Case Information
*1 Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Constantino Basile appeals pro se from the district court’s order dismissing his action alleging that defendants’ movie Prometheus infringed upon his copyrighted works “Crisis on Jupiter” and “The World of Jupiter.” We have *2 jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6), Hebbe v. Pliler F.3d 338, 341 (9th Cir. 2010), and we affirm.
The district court properly dismissed Basile’s copyright infringement claim
because there is no substantial similarity, as a matter of law, between protected
elements of Basile’s copyrighted works and comparable elements of defendants’
film, and any similarities in the general concepts are unprotected.
See Funky
Films, Inc. v. Time Warner Entm’t Co., L.P.
2006) (absent direct copying, a plaintiff must show substantial similarity to prevail
on a copyright infringement claim);
Cavalier v. Random House, Inc.
, 297 F.3d
815, 823 (9th Cir. 2002) (“Scenes-a-faire, or situations and incidents that flow
necessarily or naturally from a basic plot premise, cannot sustain a finding of
infringement.”);
Berkic v. Crichton
,
The district court did not abuse its discretion in taking judicial notice of
documents registered with the U.S. Copyright Office,
see
Federal Rule of Evidence
201(b)(2);
see also Skilstaf, Inc. v
.
CVS Caremark Corp.
,
Basile waived any challenge to the dismissal of his trademark infringement claim by failing to raise an argument in his opening brief. See Smith v. Marsh F.3d 1045, 1052 (9th Cir. 1999) (“[O]n appeal, arguments not raised by a party in its opening brief are deemed waived.”).
AFFIRMED.
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).