Perfect 10, Inc. v. Cybernet Ventures, Inc.
Opinion
Opinion
Baird, J.
ORDER DENYING IN PART AND GRANTING IN PART CYBERNET VENTURES, INC.’s MOTION TO DISMISS AND MOTION FOR A MORE DEFINITE STATEMENT AND DENYING CYBERNET’S EX PARTE “SUGGESTION OF LACK OF JURISDICTION”
I. INTRODUCTION
This action springs from Perfect 10, Ine.’s (“Perfect 10”) allegations that defendant Cybernet Ventures, Inc. (“Cyber-net”), a corporation running a web-service called “Adult Check,” and other defendants infringe Perfect 10’s copyrights, violate Perfect 10’s trademark rights and otherwise engage in rampant unfair business practices.
Currently before the Court is Cyber-net’s motion to dismiss under Rule 12(b)(6) or, in the alternative for a more definition statement, further supporting papers, and Perfect 10’s opposition papers.
II. FACTUAL BACKGROUND
The following facts are taken from Perfect 10’s Second Amended Complaint (“2AC”), drawing inferences in Perfect 10’s favor:
Perfect 10 publishes an adult magazine and runs an internet website. 2AC ¶ 17. Both the magazine and the website share the Perfect 10 name. Id. The magazine’s circulation exceeds 90,000 per issue, while the website receives over 100,000 different visitors each month. Id.