Alvantor Industry Co. LTD. v. Shenzhen Shi Ou Wei Te Shang Mao You Xian Gong Si

I. INTRODUCTION

On February 26, 2021, plaintiff Alvantor Industry Co., LTD., (“Alvantor’’), a distributor of online products based in South El Monte, California, filed this action against defendant Shenzhen Shi Ou Wei Te Shang Mao You Xian Gong Si, (“Shenzhen”), a corporation with its principal place of business in Guangdong Province, China. See Dkt. 1 (“Compl.”). Plaintiff's claims arise under the Copyright Act of 1976, 17 U.S.C. §501, the Lanham Act, 15 U.S.C. § 1225(a), and California common law. Compl. § 1. On July 23, 2021, defendant Shenzhen filed this motion to dismiss plaintiff's copyright and unfair competition claims. See dkt. 22 (“Mot. to Dismiss”). On August 9, 2021, plaintiff Alvantor filed a memorandum of points and authorities in opposition to defendant’s motion to dismiss. See dkt. 27 (“Opp.”). The Court held a hearing on Shenzhen’s motion to dismiss on August 30, 2021. Having carefully considered the parties’ arguments and submissions, the Court finds and concludes as follows.

II. BACKGROUND

Plaintiff Alvantor is an online distributor of items including a BUBBLE TENT line of portable gazebos. Compl. § 7-8. Alvantor uses the…