Therapeutic Research Faculty v. NBTY, INC.

ORDER

Defendants NBTY, Inc. (“NBTY”) and Rexall Sundown, Inc. (“Rexall Sundown”) (collectively “Defendants”) move to dismiss eight of the thirteen claims alleged in Plaintiffs Second Amended Complaint (“Complaint”) under Federal Rule of Civil Procedure 12(b)(6). Plaintiff opposes the motion. For the following reasons, Defendants’ motion is denied.

BACKGROUND

Plaintiff is an organization that provides analysis of drug therapy information and advice for professionals in the medical community. (Comply 12.) Plaintiff owns copyrights in the Natural Medicines Comprehensive Database (the “Publication”) which “includes over 1,100 pharmacist-prepared monographs containing detailed evidence-based information.” (Id. ¶¶ 2, 12.) The Publication is available both annually, in a hard copy print edition, and through subscription, in a continually updated online version contained in a passcode-pro-tected area of Plaintiffs website. (Id. ¶ 2.) There are two different types of subscriptions: “[a]n annual single user limited-purpose subscription for Internet access ... which was made available in April and May 2002 for under $100” and “site licenses for organizations or corporations with higher…