Brown

Order Granting Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6), Denying Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(1) and Denying Defendant’s Request for an Award of Attorneys’ Fees

Defendant adidas America, Inc. moves to dismiss plaintiffs first amended complaint pursuant to Federal Rules 12(b)(1) and 12(b)(6). Plaintiff opposes defendant’s motion. After reviewing the papers submitted by the parties, the court finds that plaintiff has failed to state a claim upon which relief can be granted. Accordingly, the court grants defendant’s motion to dismiss the action pursuant to Federal Rule 12(b)(6). In addition, the court finds an award of attorney’s fees pursuant to 28 U.S.C. section 1927 inappropriate at this time. Consequently, the court denies that request.

BACKGROUND

On February 16, 1996, plaintiff, Jeffrey W. Brown, withdrew his original complaint of December 15, 1995 and substituted an amended complaint. In his complaint, Brown alleges the following as causes of actions: “unfair competition, common law breach of agreement, trade secret infringement, patent infringement, copyright infringement, bad faith [sic], negligence, duty of care [sic], special motion…