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Copyright Blog

The Bell Strikes Again

Author Keith Bell files yet another lawsuit against an educational entity

On our last post in the Bell saga, we reported that the Court of Appeals ruled against Dr. Keith Bell (“Bell”) and labeled him as a “serial litigant.” Since then, Bell has filed a different lawsuit against another educational institution, making this his 41st such lawsuit of which we are aware.

In his Complaint, Bell claims that the Basehor-Linwood High School softball team (“Basehor”) posted Bell’s famous “Winning Isn’t Normal” passage on its Facebook page without his permission. The post allegedly was “stripped of any notice of copyright, the author’s name, surrounding literary text, or other information identifying the work or the author of the work.” Bell further asserts that Basehor did not remove the post despite “receiving notice from Dr. Bell, three different times, to cease and desist the copying and display.”

The Defendants filed a Motion to Dismiss in response to the lawsuit. In the Memorandum accompanying the Motion, Basehor argues that Bell “has failed to sufficiently serve Defendants and has failed to state any viable claims.” Ultimately, Basehor is asking the court to dismiss the case and to award "reasonable attorneys’ fees incurred in defending against Plaintiff’s claims.”

We will continue to provide updates as they become available.