Smith v. Summit Entertainment LLC, No. 3:11-cv-00348 (N.D. Ohio June 6, 2011), was a case heard by the United States District Court for the Northern District of Ohio, in which professional singer Matthew Smith, known as Matt Heart, sued Summit Entertainment. Smith asserted seven causes of action for Summit Entertainment's wrongful use of copyright takedown notice on the website YouTube, among which three were dismissed and four were ruled in Smith's favor. The case is noteworthy given that copyright 17 U.S.C. § 512 claims are hard to win, and the plaintiff's success was due to the combination of his persuasive story and convincing additional claims which complemented § 512. Facts In November and December 2010, Smith uploaded his copyrighted song "Eternal Knight" to various Internet websites (YouTube, iTunes, CD Baby and Amazon). Summit Entertainment contacted YouTube to take down Smith's song, alleging that the song violated both trademark and copyright belonging to Summit. The song was then removed from the website. Smith later found out from Summit that the issue was one of trademark, not copyright, i.e. the song's CD cover violated Summit's trademarked "Twilight Saga". This was due to the song's cover art which stated that the song was "inspired by the twilight saga," even though Smith copyrighted the song in 2002, and used a similar typeface as in "twilight" mark. Summit notified Smith that he was free to "redeposit" his song on YouTube, provided he would remove references to the defendant's trademark. Later Smith changed the cover art to display "A Vampire Love Story" instead of "Inspired by the Twilight Saga". Opinion of the Court Causes of Action and Decision Smith's complaint asserted seven causes of action: Wrongful assertion that plaintiff's song infringed Summit's copyright in violation of 17 U.S.C. § 512; Fraud via Summit's assertion that it had a copyright interest in plaintiff's song; Intentional infliction of emotional distress; Intentional interference in contractual relationships; Intentional interference with business relationships; Copyright infringement; Defamation The court granted the defendant's motion to dismiss Counts 2, 3, and 6, and ruled in the plaintiff's favor by denying the motion to dismiss for Counts 1, 4, 5, and 7. Count 1: Wrongful Assertion of Copyright Violation According to Copyright Act, 17 U.S.C. § 512, the plaintiff can seek damage only if the defendant knowingly misrepresented the takedown notice. The judge found that when the defendant originally sent the takedown notices for violation