United States District Court, D. New Jersey
WILLIAM J. MATINI, U.S.D.J.
a copyright infringement case. Plaintiff Quick Time
Performance.com, Inc. ("Quick Time") filed this
action against Granatelli Motor Sports, Inc.
("Granatelli"), alleging copyright infringement,
false advertising in violation of the Lanham Act, 15 U.S.C.
§ 1125, and misappropriation under N.J. Stat. §
56:4-1. The matter comes before the Court on Defendant
Granatelli's motion to dismiss. ECF No. 19. For the
reasons stated below, the motion is DENIED.
Quick Time Performance.Com, Inc. is a New Jersey business
entity that designs, manufactures, and distributes
specialized automotive equipment. Am. Compl. ¶ 2, ECF
No. 16. Quick Time designs and manufactures stainless steel
cutouts and electric cutouts-automotive devices that cause a
car exhaust system to generate distinctive sounds and
increase the power flowing from the engine. Id.
¶ 10. Quick Time advertises and distributes its products
through its website as well as through third-party automobile
parts distributors. Id. at ¶ 12. Defendant
Granatelli Motor Sports, Inc. is a California business and
competitor of Quick Time. Id. at ¶ 3.
Time owns the copyright to a photograph it created in 2012 of
its 2.50" Stainless Steel Exhaust Cutout, Part Number
10250 ("Quick Time Photograph"), which Quick Time
published on its website and a third-party site, the Summit
Racing Equipment website, for marketing purposes.
Id. at ¶¶ 16, 17, 20, 21. Quick Time
alleges that Granatelli infringed its copyright by using the
Quick Time Photograph to advertise Granatelli products on
another site, the JEGS automotive website where it was
claimed that the photograph represented various iterations of
the Granatelli Single and Dual Manual Exhaust Cutout System.
Id. at 23-35, 39. Now before the Court is
Granatelli's motion to dismiss pursuant to Federal Rule
of Civil Procedure ("FRCP") 12(b)(6). ECF No. 19.
STANDARD OF REVIEW
Rule of Civil Procedure 12(b)(6) provides for the dismissal
of a complaint, in whole or in part, if the plaintiff fails
to state a claim upon which relief can be granted. The moving
party bears the burden of showing that no claim has been
stated. Hedges v. United States, 404 F.3d 744, 750
(3d Cir. 2005). In deciding a motion to dismiss under Rule
12(b)(6), a court must take all allegations in the complaint
as true and view them in the light most favorable to the
plaintiff. See Warth v. Seldin, 422 U.S. 490, 501
a complaint need not contain detailed factual allegations,
"a plaintiffs obligation to provide the
'grounds' of his 'entitlement to relief requires
more than labels and conclusions, and a formulaic recitation
of the elements of a cause of action will not do."
BellAtl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
Thus, the factual allegations must be sufficient to raise a
plaintiffs right to relief above a speculative level, such
that it is "plausible on its face." See Id
. at 570; see also Umland v. PLANCO Fin. Serv.,
Inc., 542 F.3d 59, 64 (3d Cir. 2008). "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing
Twombly, 550 U.S. at 556).
Third Circuit requires district courts to conduct a
three-part analysis when reviewing a complaint for dismissal
for failure to state a claim:
First, the court must "tak[e] note of the elements a
plaintiff must plead to state a claim." Iqbal,
129 S.Ct. at 1947. Second, the court should identify
allegations that, "because they are no more than
conclusions, are not entitled to the assumption of
truth." Id. at 1950. Finally, "where there
are well-pleaded factual allegations, a court should assume
their veracity and then determine whether they plausibly give
rise to an entitlement for relief." Id.
Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d
Cir. 2010) (footnote omitted).
Quick Time asserts three claims against Defendant Granatelli
stemming from its alleged usage of the Quick Time Photograph:
(1) copyright infringement, (2) unfair competition and false
advertising under Section 43(a) of the Lanham Act, (3) unfair
competition and false ...