Dr. Seuss Enters., L.P. v. Comicmix LLC

Presently before the Court is Defendants' Motion to Dismiss, ("MTD," ECF No. 41). Also before the Court is Plaintiff's Response in Opposition to the Motion to Dismiss, ("Opp'n," ECF No. 43), and Defendants' Reply to Response to Motion to Dismiss, ("Reply," ECF No. 44). The Court previously vacated the hearing on the Motion to Dismiss and took the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). The Court then re-set oral argument for November 28, 2017 and both Parties appeared at the hearing.

BACKGROUND

I. Factual Background

This lawsuit concerns two literary works, one of which is alleged to have infringed the other. Plaintiff Dr. Seuss Enterprises ("DSE") is the assignee and owner of various copyright registrations for and alleged trademark rights in the works of the late Theodor S. Geisel, better known under his pseudonym "Dr. Seuss." One of Dr. Seuss's best-known books-and the one primarily at issue in this suit-is Oh, the Places You'll Go! (" Go! "). Defendants ComicMix LLC, Glenn Hauman, David Jerrold Friedman (a/k/a David Gerrold), and Ty Templeton created a Kickstarter campaign in order to fund printing and distribution of an…