Meta Platforms, Inc. v. BrandTotal Ltd.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FACEBOOK, INC., Case No. 20-cv-07182-JCS

Plaintiff,

ORDER REGARDING MOTION TO

v. DISMISS COUNTERCLAIMS

BRANDTOTAL LTD., et al., Defendants. Re: Dkt. No.

12 I. INTRODUCTION Plaintiff Facebook, Inc. brought this action asserting various claims against Defendants BrandTotal Ltd. and Unimania, Inc. (collectively, “BrandTotal”1) based on BrandTotal’s collection and marketing of data from Facebook’s websites—specifically, its eponymous social network (hereinafter the “Facebook Network,” in order to distinguish that product from the corporate entity) and Instagram. BrandTotal asserts counterclaims based on Facebook blocking its access to those products, and the Court previously denied BrandTotal’s application for a temporary restraining order (“TRO”). Facebook now moves to dismiss BrandTotal’s counterclaims for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court…