On November 15, Ross refiled the suit with the Eleventh Circuit insisting the registration is valid despite the errors since there was no intent to fraud or concealment in the process. Nevertheless the following year the MMG boss tried again but the case was thrown out due to multiple copyright registration errors on “Hustlin'”. The average lay observer would not confuse T-shirts bearing the phrase ‘everyday I’m shufflin’’ with the musical composition ‘Hustlin’’ nor, without reference to ‘Party Rock Anthem’ and ‘Hustlin’’ would an average lay observer recognize the merchandise as having been appropriated from ‘Hustlin’.” In her ruling Judge Kathleen Williams stated “even if the phrase ‘everyday I’m hustlin’’ were copyrightable, plaintiffs still fail the intrinsic test.
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