This is an interesting motion for judgment on the pleadings under FRCP12(c).
The court concluded that it lacked personal jurisdiction over the defendant, and transferred the case to the SDNY.
The issue was whether the defendant could assert counterclaims already presented in another case.
Judge Gilstrap denied the motion, finding the infringement claims adequately pleaded.
Personal jurisdiction was proper, but some of the claims were required to be dismissed.
The questions in this photo copyright case were originality and fair use. One defense was denied, with the other granted leave to replead.
In a pair of short orders, Judge Hughes dismissed all the plaintiff’s claims.
Headline only a lawyer could love. Facts only a clock nut could care about. (Well, maybe a few lawyers too).
Failure to state trademark, unfair competition, and breach of fiduciary claims, and necessary party were the issues resolved in this order granting in part a motion to dismiss.
A partial win for the plaintiff on the motion to dismiss DTSA and other claims. “Very” partial.