Andrew Roach v. Purple Innovation, LLC

Summary

The United States District Court for the Central District of California granted Andrew Roach’s motion to remand his California misappropriation-of-likeness claims against Purple Innovation, LLC. The court held that the claims were not shown to be preempted by the Copyright Act under Ninth Circuit precedent and that removal was also untimely because the asserted basis for federal jurisdiction was apparent from the complaint. The case was remanded to the Los Angeles County Superior Court, and attorney’s fees were denied.

Holdings

1. The claims were not shown to be preempted by the Copyright Act because they targeted the unauthorized use of Plaintiff's name and likeness in advertising, not the copyrightable photograph itself, and were not equivalent to the exclusive rights protected by 17 U.S.C. § 106. Defendant therefore failed to establish federal-question jurisdiction.
2. Removal was untimely because the asserted basis for federal jurisdiction was apparent on the face of the complaint served on June 30, 2025, and Defendant did not remove the case until August 28, 2025, more than 30 days later.

Questions Presented

1. Whether the California misappropriation-of-likeness claims were completely preempted by the Copyright Act so as to support federal-question jurisdiction and removal.
2. Whether Defendant's August 28, 2025 removal was timely under 28 U.S.C. § 1446(b)(1).

Disposition

remanded