Update! Kim Zolciak, Kandi Burruss Lawsuit! Will The Suit Be Dismissed?

(Photos from left: Frederick M. Brown/Getty Images, Craig Barritt/Getty Images)

Kim Zolciak has filed a motion to dismiss the lawsuit Kandi Burruss has filed against her, claiming Kandi has no grounds to sue her for breaking copyright laws. LALATE obtained documents where Kim claims Kandi’s attorney, Phaedra Parks did not respond to a brief that was filed by Kim’s attorney and that the lawsuit Kandi filed is invalid. The documents state, “This deficiency was noted in Defendant Zolciak-Biermann’s Brief in Support of Her Motion to Dismiss and it was not disputed in Plaintiffs’ Opposition Brief to the same.”

The motion also questions whether Kandi’s company has legal rights to the song ‘Don’t Be Tardy.’ “Further, Plaintiffs’ Opposition Brief states the copyright interest in the Sound Recording purportedly owned by Plaintiff Burruss and Plaintiff Richards has never been transferred, thus, Plaintiff Kandi Koated Entertainment, Inc. has no legal interest in the Sound Recording at issue and has no basis for stating claims against Defendant Zolciak-Biermann for alleged infringement of the same.”

“Nowhere in Plaintiffs’ Complaint is it asserted that Kandi Koated Entertainment, Inc. is an owner or an assignee of any copyright interest in the Composition or the Sound Recording,” the document states.

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