Under the representation of Pryor Cashman Litigation Partner David C. Rose and Associate Benjamin Akley, Grammy Award-winning recording artist Ricky Martin has obtained dismissal of a copyright and trademark infringement action brought before the U.S. District Court for the District of Puerto Rico.

The suit involved claims brought by Luis Adrián Cortés-Ramos, a songwriter, concerning the 2013 “SuperSong Contest” developed by Sony Music Entertainment (another Pryor Cashman client whom Cortés-Ramos also unsuccessfully sued for copyright infringement earlier this year) and which featured Martin.

The "SuperSong" Contest

As part of the contest, entrants submitted an original song and accompanying music video to Sony. The winning song would be performed by Martin in connection with the 2014 FIFA World Cup.

Cortés-Ramos entered the contest, sent in his submission materials and agreed to and signed contest rules and documents in which he transferred his rights in the submission materials to Sony. In addition, the Official Contest Rules to which Cortés-Ramos agreed contained a clause stipulating that any disputes arising in connection with the contest would be resolved through arbitration.

Cortés-Ramos did not win the contest, and months later filed an action for copyright and trademark infringement against Sony and Martin, claiming Martin’s song, “Vida,” which was released shortly after the contest, was nearly identical to his contest submission. He also alleged that he was fraudulently induced into agreeing to the contest rules and signing the contest documents, and therefore could not be bound by the arbitration clause.

The Court’s Ruling For Ricky Martin

The Court found that because Cortés-Ramos “never stated how [Martin] induced him into signing the contract, or offered any proof of any fraudulent statements that led him into entering the contest,” any such allegations were “unfounded,” and went on to dismiss the suit with instructions to remit the matter to an arbitration panel.

In the aftermath of the decision, Rose explained that in order for Cortés-Ramos to pursue this action any further, he will have to assert his claims in arbitration in New York and against considerable odds, given the District Court’s determination that he is bound by the contest rules and the broad transfer of rights in his contest submission contained in those rules and the other contest documentation.

To read the Court’s full decision, please visit here.

More About Pryor Cashman's Music Litigation Practice

Since its inception, Pryor Cashman has delivered best-in-class service to clients in the music industry on matters ranging from litigation to cutting-edge licensing deals. Our attorneys have argued – and won – seminal cases which have defined the boundaries of exploiting musical content under the Digital Millennium Copyright Act (“DMCA”), along with multimillion dollar intellectual property matters on behalf of some of the best-known musicians, artists and songwriters.

To learn more about our work in this area, please visit our music litigation practice page.