QUADRATEC, INC. v. TURN 5, INC.

Filing 24

ORDER THAT DEFENDANT'S MOTION TO PARTIALLY DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/13/15. 8/14/15 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

QUADRATEC, INC.
v.
TURN 5, INC. d/b/a EXTREME TERRAIN

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CIVIL ACTION
NO. 13-6384

ORDER
AND NOW, this

13th day of

August

, 2015, upon consideration of

Defendant’s Motion to Partially Dismiss Plaintiff’s Second Amended Complaint (ECF No. 14),
and all documents submitted in support thereof, and in opposition thereto, it is ORDERED that
the Motion is GRANTED in part, and DENIED in part, as follows:
A.

Defendant’s Motion to Dismiss Count I (copyright infringement), Count II
(copyright infringement), and Count III (copyright infringement) of the Second
Amended Complaint is DENIED.

B.

Defendant’s Motion to Dismiss Plaintiff’s claim for statutory damages and
attorneys’ fees asserted in Count II is GRANTED.

C.

Defendant’s Motion to Dismiss Count IV (unfair competition under the Lanham
Act), Count VI (misappropriation by unfair competition), and Count IX (unjust
enrichment) of the Second Amended Complaint is GRANTED.

IT IS SO ORDERED.
BY THE COURT:

_______________________________
R. BARCLAY SURRICK, J.