Films of Distinction, Inc. v. Allegro Film Productions, Inc.

ORDER GRANTING IN PART AND, DENYING IN PART DEFENDANTS MOTION TO DISMISS PURSUANT TO FED.R.CIY.P. 12(b)(6)

I.

Introduction

Plaintiff Films of Distinction, Inc. d/b/a The Crime Channel (“Films of Distinction”) brings this action for trademark infringement, defamation and product disparagement against defendants Allegro Film Productions (“Allegro”), Norstar Entertainment, Inc. (“Norstar”), Republic Entertainment, Inc. (“Republic”), Showtime Networks, Inc. (“Showtime”) Westwind Productions Corporation (“Westwind Production”), and West-wind Releasing Corporation (‘Westwind Releasing”). Plaintiff owns a television network entitled “The Crime Channel.” Plaintiff alleges defendants used plaintiff’s service mark “The Crime Channel” in their motion picture about a young boy who watches a cable television station called “The Crime Channel.”

Pending before the Court is the motion of all defendants, with the exception of defendant Norstar, to dismiss plaintiffs claims for failure to state a claim pursuant to Fed. R.Civ.P. 12(b)(6). Upon consideration of the parties’ papers submitted in conjunction with the motion, and the oral arguments of counsel, the motion is GRANTED IN PART AND DENIED…