Salim

ORDER GRANTING IN PART AND DENYING IN PART FOX KIDS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

I. INTRODUCTION

The plaintiffs, Steven Salim and Jesse Stagg, bring this action against numerous defendants, including the movants, Fox Latin American Channel, Inc., Fox Kids Latin America, Inc., and Fox Kids Europe Holdings, Inc. (collectively, “Fox Kids”). The Fox Kids defendants move to dismiss several claims against them, including claims for violations of California’s Business and Professions Code § 17200 (“section 17200”), the Lanham Act, unjust enrichment, constructive trust and declaratory relief.

II. FACTUAL AND PROCEDURAL BACKGROUND

Since 1993, Plaintiffs have collaborated to develop an animation project entitled “Jason and the Cybernauts” (“Cyber-nauts”). First Amended Complaint (“FAC”) ¶ 1. The Cybernauts project is protected by a United States Copyright. Id. ¶ 3.

In 1998, the Plaintiffs met with defendant Stan Lee to pitch their project and he expressed enthusiasm about the project. Id. ¶ 4. Following the 1998 meeting with Lee, Plaintiffs gave the Cybernauts work, as it was found in a promotional brochure, to a Hilly Elkins, who then gave the material to Lee. Id. ¶…