Selby

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND CAUSE OF ACTION AND GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S THIRD CAUSE OF ACTION

This case is before the Court on the motion of defendants New Line Cinema Corporation (“New Line”) and Toby Em-merich (“Emmerich”) to dismiss plaintiff William Selby’s (“Selby”) causes of action for violation of the Lanham Act and breach of implied-in-fact contract pursuant to F.R.Civ.P. 12(b)(6) or, in the alternative, for partial summary judgment on these claims. Selby’s claims arise out of Emmerich’s alleged copying of a screenplay written by Selby and New Line’s subsequent purchase of Emmerich’s screenplay and production of a film based on it. Selby asserts claims against both defendants for (1) copyright infringement, (2) violation of the Lanham Act and (3) breach of implied-in-fact contract. Defendants challenge only the second and third causes of action in this motion.

The Court concludes first that plaintiffs second cause of action adequately alleges a Lanham Act violation. However, plaintiffs claim for breach of implied-in-fact contract is preempted by the Copyright Act. For these reasons, and as set forth more fully…