RDF Media Ltd. v. Fox Broadcasting Co.

ORDER RE DEFENDANTS’ MOTION TO DISMISS AND MOTION TO STRIKE

This matter is before the Court on Defendants Fox Broadcasting Company’s and Rocket Science Laboratory, LLC’s (collectively referred to as “Defendants”) Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”) and Motion to Strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. The Motion to Dismiss the copyright claims is made on the grounds that: (1) Plaintiff RDF Media Limited (“Plaintiff’ or “RDF”) failed to plead that it has registered the copyright in its program “Wife Swap US”; (2) the Lanham Act trade dress infringement claims rest solely on alleged copying of the expressive elements of the Plaintiffs work; and the unfair competition claims and civil conspiracy claim are congruent with the Lanham Act claims and insufficient as well. Having thoroughly considered the matter, the Court deemed the matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78. Accordingly, the hearing was VACATED, and the matter taken under submission. For the reasons discussed below, Defendants’ Motion to Dismiss is DENIED in part and GRANTED in…