Taylor

ORDER GRANTING IN PART AND DENYING IN PART COUNTER-DEFENDANTS’ MOTION TO DISMISS AMENDED COUNTERCLAIMS

INTRODUCTION

In this intellectual property dispute involving a trigger-equipped, gunpowder-loaded golf club that enables a user to launch a golf ball over two hundred yards without swinging, counterdefendant Swingless Golf Club Corporation and third-party defendants James DePorche and Joyce Taylor move to dismiss eight amended counterclaims proffered by counterclaimants Roy H. Taylor, James S. Stowell, Jack Galanti, Mike Stringer, and Steve Fluke. For the reasons stated below, the motion is Granted in part and Denied in Part.

STATEMENT

1. The Complaint

Plaintiff Swingless Golf Club Corporation (“SGCC”), a Wyoming corporation, initiated this lawsuit on December 15, 2008, against a number of business entities and individuals, including counterclaimants Taylor, Stowell, Galanti, Stringer, and Fluke (Dkt. No. 1). As alleged in the complaint, SGCC, a Wyoming corporation, is the direct successor-in-interest to Swingless Golf Corporation (“Swingless Golf’), a dissolved California corporation.

SGCC is in the business of manufacturing and selling — as its name implies — a product…