Bobbleheads.com, LLC v. Wright Bros., Inc.

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

(ECF No. 28)

Presently before the Court is Defendants Wright Brothers, Inc.’s, Corey Wright’s, and Casey Wright’s Motion to *1091 Dismiss First Amended Complaint, (“MTD,” ECF No. 28). Also before the Court are Plaintiff Bobbleheads.com, LLC’s Response in Opposition to, (“Opp’n,” ECF No. 34), and Defendants’ Reply in Support of, (“Reply,” ECF No. 36), Defendants’ MTD. The Court vacated the hearing on the motion and took the matter under submission pursuant to Civil Local Rule 7.1(d)(1). (ECF No. 37.) After considering the parties’ arguments and the law, the Court GRANTS IN PART and DENIES IN PART Defendants’ MTD.

BACKGROUND

Plaintiff Bobbleheads.com designs, markets, distributes, and sells bobbleheads. (FAC ¶ 14, ECF No. 18.) One such bobble-head is known as the Hillary Clinton Striped Prison Pantsuit Bobblehead (the “Bobbleheads.com Work”), which Plaintiff published on August 13, 2015. (Id. ¶ 15.) Plaintiff filed an application for the registration of the complete Bobbleheads.com Work (the “Full Clinton” registration) on September 2, 2016 with the United States Copyright Office. (Id.; see also id. Exs, 1,…