Retro Television Network, Inc. v. Luken Communications LLC, et al, No. 12-1287 (8th Cir. 2012)
Annotate this CaseRetro Television Network appealed the district court's dismissal of its claims against appellees, Luken and Retro Television, under Rule 12(b)(6). In 2005, Equity entered into an intellectual property agreement (IPA) with Retro Television Network. Retro Television Network subsequently sued appellees seeking royalty payments and an accounting under the IPA. Because Retro Television Network failed to allege any facts that would make Luken liable for Equity's obligations under the IPA, the district court properly dismissed its claims against Luken. The court also held that the district court did not abuse its discretion in awarding attorneys' fees.
Court Description: Civil case - Contracts. Because plaintiff did not provide any basis for concluding that Retro Television, Inc., or any of its predecessors are responsible for Equity Broadcasting's obligations under the Intellectual Property Agreement in question, the district court correctly held plaintiff failed to plead sufficient facts to state a claim for relief; similarly, plaintiff failed to allege any facts which would make Luken liable for Equity's obligations; award of attorneys' fees affirmed.
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