Beijing Meishe Network Technology Co., Ltd. v. TikTok Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BEIJING MEISHE NETWORK Case No. 23-cv-06012-SI

TECHNOLOGY CO., LTD.,

8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' v. MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT TIKTOK INC., et al., Re: Dkt. No. 436 Defendants. 12 Before the Court is defendants’ motion to dismiss plaintiff’s fourth amended complaint. Dkt. No. 436. Plaintiff opposes. Dkt. No. 443. The Court heard oral argument on this motion on July 12, 2024. For the reasons set forth below, the Court GRANTS defendants’ motion as to the Lanham Act claim without leave to amend and DENIES defendants’ motion as to the copyright infringement and trade dress misappropriation claims. 18 BACKGROUND1 On April 23, 2024, this Court granted defendants’ motion to dismiss plaintiff’s third amended complaint (“TAC”) with leave to amend. Dkt.…