Epikhin
Epikhin v. Game Insight North America
Opinion
Lead Opinion
Koh, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
Plaintiffs Evgeny Epikhin (“Epikhin”) and Dmitri Redlikh (“Redlikh”) (collectively, “Plaintiffs”) bring suit against defendants Game Insight North America, Cooper Media Corp. d/b/a Game Insight, and Game Insight Global Limited d/b/a GIGL (collectively, “Game Insight”) and Game Garden, LLC (“Game Garden”) (together, with Game Insight, “Distributor Defendants”), as well as against Fly High Games (“Fly High”) and Yury Pomortsev (“Po-mortsev”) (all together, “Defendants”). Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby GRANTS Defendants’ motion to dismiss.
I. BACKGROUND
A. Factual Background
The crux of this lawsuit is who owns the rights to Cat Story, a free mobile application (“app”) in which players build a virtual village for cats shipwrecked on an island and send the cats on various quests and adventures. EOF No. 58 (First Amended Complaint, or “FAC”) ¶¶ 1, 25. The app is distributed by Game Garden and Game Insight, pursuant to a license from Fly High. Id. ¶¶ 8-9,11,107,116. From 2011 to September 2013, Game Garden, a California Corporation, was owned by Pomortsev,…