Comeback Media, Inc. v. Particle Media, Inc., et al.

Summary

The United States District Court for the Northern District of California partially granted and partially denied Particle Media, Inc.’s motion to dismiss claims brought by Comeback Media, Inc. The court dismissed the contributory copyright infringement, direct trademark infringement, unfair competition, and misappropriation claims against Particle Media, while allowing the vicarious copyright infringement claim to proceed. The court granted Comeback leave to amend.

Holdings

1. Comeback failed to state a contributory copyright infringement claim because it did not adequately allege that NewsBreak had actual or constructive knowledge of specific infringement and materially contributed to or induced that infringement.
2. Comeback adequately stated a claim for vicarious copyright infringement against NewsBreak.
3. Comeback failed to state a direct trademark infringement claim against NewsBreak because it did not allege that NewsBreak itself used the allegedly infringing mark.
4. The Copyright Act preempted Comeback's unfair-competition and common-law misappropriation claims because the claims asserted rights equivalent to copyright rights and lacked an extra element that qualitatively changed the nature of the action.

Questions Presented

1. Whether Comeback adequately pleaded contributory copyright infringement against NewsBreak.
2. Whether Comeback adequately pleaded vicarious copyright infringement against NewsBreak.
3. Whether Comeback adequately pleaded direct trademark infringement against NewsBreak based on NewsBreak's hosting, displaying, and search-related activities.
4. Whether Comeback's California unfair-competition and common-law misappropriation claims were preempted by the Copyright Act.

Disposition

other