Sebastian Brown Productions, LLC v. Muzooka, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Re: Dkt. No.

Plaintiff Sebastian Brown Productions, LLC (“Plaintiff’) sued Defendants Muzooka, Inc. (“Muzooka”), Shawn Wilson (“Wilson”), Chester Aldridge (“Aldridge”) and Ivory Octaves, LLC (“Ivory Octaves”) (collectively, “Defendants”) for unfair competition and trademark infringement under federal and state law. ECF No. 1 (“Compl.”). Before the Court is Defendants’ motion to dismiss. ECF No. 37. Having considered the submissions of the parties, the relevant law, and the record in this ease, the Court hereby GRANTS in part and DENIES in part Defendants’ motion to dismiss.

*1031 I. BACKGROUND

A. Factual Background

1. Plaintiffs Business

Plaintiff is a California limited liability company headquartered in Livermore, California. Compl. ¶ 1. Plaintiff owns and operates the digital media storefront Mu-Zook at muzook.com. Id. Plaintiff aims to create “a new and unique art form in multi-media books, multi-media audio, and/or audiovisual works,” including ebooks, multi-media songs, short films, and music videos. Id. ¶ 13. Through mu-zook.com, Plaintiff advertises and sells downloadable music, videos, and…