Dr. Seuss Enterprises, L.P. v. ComicMix LLC et al
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|Date Filed||#||Document Text|
|December 7, 2017
ORDER Denying 41 Motion to Dismiss. The Court denies Defendants' Motion to Dismiss Plaintiff's claim of copyright infringement. As to Plaintiff's trademark and unfair competition claims, the Court finds Defendants are unable to prove each element of nominative fair use. Therefore, the Court denies Defendants' Motion to Dismiss Plaintiff's claims of trademark infringement and unfair competition.Signed by Judge Janis L. Sammartino on 12/7/2017. (mpl)
|June 9, 2017
ORDER Granting in Part and Denying in Part 8 Motion to Dismiss for Failure to State a Claim. It is ordered that the Court denies Defendants' Motion to Dismiss Plaintiff's claim of copyright infringement. But Plaintiff's trademark and unfair competition claims stand on different footing. Plaintiff does not oppose the substance of Defendants' trademark-based argument regarding nominative fair use, and the Court therefore grants Defendants' Motion to Dismiss Pla intiff's claims of trademark infringement and unfair competition. However, given Plaintiffs lack of nominative-fair- use opposition and Defendants' failure to respond to Plaintiff's confusingly- similar-titles argument under Rogers v. Grimaldi, the Court grants Plaintiff leave to amend its complaint regarding the second and third causes of action. Any such amendment must be within fourteen days of the date on which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 6/9/2017. (dxj)
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