Arcsoft, Inc. v. Cyberlink Corp.

ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS THE THIRD, FOURTH, AND SIXTH CAUSES OF ACTION AND PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

This is a trademark infringement action involving competing self-portrait photo (“selfie”) editing applications (“apps”). Plaintiff ArcSoft, Inc. (“ArcSoft”) is the developer of the “Perfect365” selfie editing app. It accuses defendants Cyberlink Corp. (“CyberLink”), and its two subsidiaries, defendants Perfect Corp., a California corporation (“Perfect California”), and Perfect Corp., a Cayman Islands corporation (“Perfect Cayman Islands”), of infringing and diluting the trademarks and trade dress embodied in the Perfect365 app by, among other things, using and marketing their ‘YouCam Perfect” selfie editing app.

ArcSoft moves for a preliminary injunction. Defendants move to dismiss ArcSoft’s causes of action for federal and state trademark dilution and for federal trade dress infringement. ArcSoft has not stated a claim for trademark dilution (because, among other reasons, it has not plausibly alleged that its marks were “famous” before .defendants entered the market in February 2014) or for trade dress infringement (because…