UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
March 10, 2010
BRIAN KEITH WAUGH, PLAINTIFF,
ANHEUSER-BUSCH INBEV, ET AL., DEFENDANTS.
The opinion of the court was delivered by: James Robertson United States District Judge
Brian Keith Waugh, plaintiff pro se, alleges copyright infringement and civil conspiracy claims against defendants Anheuser-Busch Companies, Inc.*fn1; Nike, Inc.; American Sporting Goods Corporation; and Adidas International, Inc. He sued the same parties, except for Adidas, in 2008. 1:08-cv-01571 RMU. He voluntarily dismissed that complaint. Defendants Nike and Anheuser-Busch now move to dismiss, arguing, among other things, that Mr. Waugh's claims are time-barred. They are correct, and their motions to dismiss will be granted.
Mr. Waugh's complaint is difficult to follow, but it appears to allege that, in 1997, the defendants' shoe designs began infringing on one of his copyrighted sketches, and that, during this time, all the defendants engaged in a conspiracy to discriminate against him through their advertisements.
Mr. Waugh did not file his complaint within the three-year statute of limitations for his copyright infringement claim, 17 U.S.C. § 507(b), or the three-year statute of limitations for his conspiracy claim. See, e.g., Zandford v. National Ass'n of Securities Dealers, Inc., 30 F. Supp. 2d 1, 21 (D.D.C. 1998). By his own admission, Mr. Waugh was aware of the alleged infringement and conspiracy in 1997, but he did not file his complaint until eleven years later. Mr. Waugh offers no reason why the applicable statutes of limitations should be tolled.
The motions to dismiss of Nike and Anheuser-Busch will be granted. American Sporting Goods and Adidas were never served, and plaintiff's complaint will be dismissed as to those parties pursuant to Fed. R. Civ. P. 4(m).
An appropriate order accompanies this memorandum.