Marketing Information Masters, Inc. v. Board of Trustees of the California State University System

Good Law
552 F. Supp. 2d 1088·2008 U.S. Dist. LEXIS 40568
United States District Court, Southern District of CaliforniaFebruary 5, 2008Civil 06cv1682 JAH (JMA)California4,361 words

Opinion

Opinion

Houston, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS [Doc. No. 12]

On November 20, 2006, Defendant Board of Trustees of California State University (“Board of Trustees”) and Defendant Robert A. Rauch (collectively “Defendants”) filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Marketing Information Masters, Inc. (“MIM”) filed an opposition on January 4, 2007. Defendants filed a reply on January 10, 2007. After a thorough review of the parties’ submissions, the Court GRANTS IN PART AND DENIES IN PART Defendant’s motion.

INTRODUCTION

Plaintiff, a California corporation in the business of performing marketing research studies, filed a complaint on August 18, 2006, and an amended complaint (“FAC”) on November 8, 2006, alleging copyright infringement, conversion, misappropriation and unfair business practices. The Board of Trustees and Robert A. Rauch, an affiliate with the San Diego State University Center for Hospitality and Tourism Research (“the Center”), were named as defendants. Plaintiff alleges it performed studies of the economic impact of the Holiday Bowl on the San Diego community which it recorded in written…

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