Dr. Seuss Enterprises, L.P. v. ComicMix LLC

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

(ECF No. 8)

Presently before the Court is Defendant ComicMix LLC’s Motion to Dismiss (“MTD”), (ECF No. 8), Plaintiff Dr. Seuss Enterprises, L,P.’s Response in Opposition to the Motion to Dismiss (“Opp’n”), (ECF No. 22), and Defendant’s Reply in Support of the Motion to Dismiss (“Reply”), (ECF No. 32). Also before the Court are Defendant’s Request for Judicial Notice (“RJN”), (ECF No. -8-2), Plaintiffs Response in Opposition to the Request for Judicial Notice (“RJN Opp’n”), (ECF No. 23), and Defendant’s Reply in Support of the Request for Judicial Notice (“RJN Reply”), (ECF No. 33). The Court previously vacated the hearing on the Motion to Dismiss and took the matters under submission without oral argument pursuant to Civil Local Rule 7.1(d). (ECF No. 35.) After considering the Parties’ arguments and the law, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion to Dismiss.

BACKGROUND

This lawsuit concerns two literary works, one of which is alleged to have infringed the other. Plaintiff is the assign-ee and owner of various copyright registrations for and alleged trademark rights in the works of the late…