Infringement Suit Against Tim McGraw Is Dismissed

Senior District Judge John T. Nixon noted: “Mr. Martinez fails to assert factual allegations that raise a right to relief above the speculative level. In the Complaint, Mr. Martinez alleges that Terri Clark, a non-party musician, recorded a song with a title that is comprised of a common phrase [i.e., 'easy on the eyes'] also used by Plaintiff in his song title ['Easy on the Eyes, Hard on the Heart']. Mr. Martinez then alleges that both Ms. Clark and Mr. McGraw used the same studio to record their albums and used some of the same songwriters and personnel to create their albums. Plaintiff concludes that this tenuous string of facts resulted in Defendants having access to Plaintiff's song. Yet, Plaintiff fails to state facts that could raise even an inference of access. Plaintiff does not allege how his song “Anytime, Anywhere Amanda” got into the hands of Ms. Clark's personnel and songwriters or even that his song was played in hearing range of Ms. Clark's personnel and songwriters or that Ms. Clark's personnel and songwriters had any contact with Plaintiff or Plaintiff's [CD] Collection. Instead, Plaintiff relies on the fact that Ms. Clark produced a song entitled, 'You're Easy on the Eyes,' that contains a well-known phrase, which is similar to Plaintiff's song titled, 'Easy on the Eyes, Hard on the [Heart]'.” (McGraw's Everywhere album had a song titled “Hard on the Ticker.”)