Bandeh v. Apple Inc.

Filing 48

ORDER GRANTING MOTION TO DISMISS 28 by Judge Vince Chhabria. (vclc1S, COURT STAFF) (Filed on 2/26/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

KOLSOUM AMIR BANDEH,

Case No. 17-cv-05264-VC

Plaintiff,
ORDER GRANTING MOTION TO
DISMISS

v.

Re: Dkt. Nos. 28, 29, 37, 38

APPLE INC.,
Defendant.

The motion to dismiss is granted, because the complaint fails to plead a plausible claim
for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The complaint lacks the necessary
factual detail as to each of its claims. For instance, Kolsoum Amir Bandeh does not allege
enough facts to state a claim for inventorship of the disputed patents. Nor does she specify
which elements of the alleged designs constitute protected trade dress. More generally, Bandeh
does not allege a plausible theory of how her designs were legally protected and then
misappropriated. Simply stating that Apple and Chanel are connected and that she has
previously sued Chanel in France does not make for a sufficiently well-pleaded complaint.1
Therefore, the complaint is dismissed with leave to amend. Apple raises a number of
other shortcomings in the complaint. If Bandeh wishes to file an amended complaint, she should
carefully research all of these legal issues and ensure that she can overcome these objections
before filing an amended complaint. Any amended complaint must be filed within 21 days of
this order.
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Apple and Bandeh's requests for judicial notice are granted to the limited extent described.
Fed. R. Evid. 201. In addition, Bandeh's motion for leave to file a supplemental brief is granted.

IT IS SO ORDERED.
Dated: February 26, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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