Shenzhen Big Mouth Technologies Co., Ltd. v. Factory Direct Wholesale, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SHENZHEN BIG MOUTH

TECHNOLOGIES CO., LTD., et al., Case No. 21-cv-09545-RS

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS AND GRANTING IN PART

AND DENYING IN PART MOTION TO

FACTORY DIRECT WHOLESALE, LLC, STRIKE AFFIRMATIVE DEFENSES Defendant.

15 I. INTRODUCTION Plaintiffs Decai (Tony) Fu and Shenzhen Big Mouth Technologies Co., Ltd. (“Big Mouth”) filed this lawsuit against Defendant Factory Direct Wholesale, LLC (“FDW”). Plaintiffs aver their use of the domain name (“the domain name”) was not unlawful, and seek to prevent the transfer of the domain name from Fu to FDW. FDW moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff Big Mouth from Count Two, which avers that FDW engaged in reverse domain name hijacking in violation of 15 U.S.C. § 1114(2)(D)(iv). FDW argues that Big Mouth is not a real party in interest to that claim. For the reasons described…