Pollstar

ORDER DENYING DEFENDANT GIGMANIA LTD.’S MOTION TO DISMISS COMPLAINT

On September 18, 2000 the court heard Defendant Gigmania Ltd.’s (“Gigmania”) motion to dismiss the Complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. In connection with its Rule 12(b)(6) motion, Gigmania requested judicial notice of the following documents: 1) a printout of Pollstar’s Internet web site as it existed on- July 9, 2000; 2) a copy of the First Amended Complaint filed in Ticketmaster Corp. v. Tickets.com, Inc.; 3) a copy of Notice of Defendant Tickets.com’s Motion to Dismiss Plaintiffs Amended Complaint and Motion to Dismiss filed in Ticketmaster; 4)a copy of the Memorandum of Points and Authority in Support of Defendant Tickets.com’s Motion to Dismiss Plaintiffs Amended Complaint filed in Ticketmaster; 5) a copy of Plaintiffs’ Opposition to Motion to Dismiss Plaintiffs’ Amended Complaint filed in Ticketmaster; 6) a copy of the Reply Brief in Support of Tickets.com’s Motion to Dismiss filed in Ticketmaster; 7) a copy of the Copyright Office Circular 66, “Copyright of Registration for Online Works.”

Upon due consideration of the written and oral arguments of the parties and the record…