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Borrego v. BMG U.S. Latin
Citation: 92 F. App'x 572Docket: No. 03-55430
Court: Court of Appeals for the Ninth Circuit; April 5, 2004; Federal Appellate Court
Jorge Borrego appeals pro se the district court's summary judgment that dismissed his claims against BMG U.S. Latin regarding the 1999 re-release of the "Sangre Latina" album, which wrongly credited another songwriter for his song “Brujería.” Borrego's claims included violations of the Lanham Act, copyright infringement, and various California state law claims. The court reviews the summary judgment de novo and affirms the dismissal of Borrego's Lanham Act claim, referencing Dastar v. Twentieth Century Fox, which eliminates the possibility of a "reverse passing off" claim. Although Borrego had standing for his copyright claim based on the precedent set in Silvers v. Sony Pictures Entertainment, the court still affirms summary judgment due to the defendants having a valid defense: they secured a license and paid royalties to Cartagena Publishing, Inc., the original copyright owner, before Cartagena assigned its rights to Borrego. Regarding Borrego's six California state law claims, the court affirms the dismissal as he failed to provide competent evidence of damages, which is essential for claims including violations of California Business and Professions Code § 17200, breach of contract, and misrepresentation. The court clarifies that detrimental reliance, conspiracy, and accounting do not stand as independent claims. The judgment of the district court is affirmed, and the disposition is not suitable for publication or citation, except as allowed by Ninth Circuit Rule 36-3. BMG Music operates under several names, including BMG U.S. Latin and BMG Entertainment.