Free Kick Master LLC v. Apple Inc.

ORDER GRANTING MOTIONS TO DISMISS

Defendants’ motions to dismiss the second amended complaint (“SAC”) for failure to state a claim came on for hearing before this court on September 30, 2015. Plaintiff Free Kick'Master LLC (“Free Kick Master”) appeared by its counsel Val Schu-rowliew, Stanley Josselson, and Eugene Alkana; defendants Amazon.com, Inc. (“Amazon”) añd Google, Inc. (“Google”)'appeared by their counsel Michael' Page; and defendant Samsung Electronics' USA (“Samsung USA”) appeared by Its counsel John Ulin. (Defendant Apple, Inc. did not move for dismissal.) Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, the court hereby GRANTS the motions as follows.

BACKGROUND

-Plaintiff Free Kick Master is a Nevada limited liability company, and the owiier of the registered “Free Kick Master” mark'. SAC ¶¶ 10-14. Plaintiff alleges that the Apple AppStore offers a “Free Kick Master” application (“app”) or game for downloading to Apple devices; that the Amazon AppStore offers a “Free Kick Master” app or game for downloading to Kindle Fire devices; that Google Play offers a “Free *978 Kick Master” app or game for downloading…