Cory Van Rijn, Inc. v. California Raisin Advisory Board
Opinion
Opinion
Coyle, J.
DECISION AND ORDER RE CERTAIN DEFENDANTS’ MOTION TO DISMISS
On March 16, 1987, the court heard the motion to dismiss filed by defendants California Raisin Advisory Board, Richard Mar-karian, Clyde Nef, Foote, Cone and Beld-ing, Inc., and Ted Block, which motion seeks dismissal of the First Amended Complaint for Copyright and Trademark Infringement filed by plaintiffs Cory Van Rijn, Inc. and Raisin People, Inc. on the ground that plaintiffs have failed to state a claim upon which relief can be granted pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure.
Upon due consideration of the written and oral arguments of the parties and the record herein, the court issues its order granting defendants’ motion for the reasons set forth herein.
A. Matters Outside of the Pleading.
The threshold issue to be resolved is whether the court is faced with a motion to dismiss or a motion for summary judgment.
Attached to the First Amended Complaint are exhibits depicting the plaintiffs’ Raisin People singly and in groups and one exhibit depicting the defendants’ California Raisins dancing as a group, which depiction is a still from defendants’ “Late Show” television commercial. Submitted…