Asis Internet Services v. Vistaprint USA, Inc.

ORDER

Before the Court are Defendant’s Motion to Dismiss pursuant to Fed. R. Civ. P 12(b)(6) [Docket No. 15], Plaintiffs Opposition [Docket No. 21] and Defendant’s Reply [Docket No. 25]. Defendant also moves to strike portions of Plaintiffs Opposition. [Docket No. 26]. The matters are fully briefed and appropriate for consideration without a hearing. For the reasons stated herein, the Defendant’s motions are DENIED.

BACKGROUND

Plaintiff Asis Internet Service (“Asis”) is a California internet service provider and Plaintiff Foggy.net (“Foggy”) is a sole proprietorship that provides internet access and email service. Defendants Vistaprint USA and Vistaprint Ltd. (“Vistaprint”) are foreign corporations located in Delaware and Bermuda, respectively. Vistaprint appears to advertise its products by offering customers free business cards; ie. free design, materials and manufacture, for the price of shipping and processing. Robert Keane, the founder and day-to-day manager of Vistaprint, was dismissed by stipulation of the parties on February 25, 2009. [Docket No. 20], Plaintiff filed a complaint on November 17, 2009, in this court, based on diversity of citizenship and alleging…