Tuesday February 7th 2023

Booth LLP Obtains Dismissal of Intellectual Property Claims

December 15, 2022

Hillary Arrow Booth and Benjamin Caplan of Booth LLP, on behalf of our client Mothership Technologies, Inc., obtained a dismissal in the United States District Court for the Central District of California (Selna, J.) when their Motion to Dismiss all claims was granted. Mothership is a freight broker. In May 2022, Plaintiff AK Futures LLC named Mothership as a Defendant asserting that it, along with a dozen other named defendants, was a member of a counterfeiting operation involving Plaintiff’s electronic vaping products and was liable for hundreds of millions of dollars in damages under the Copyright Act and the Lanham Act. Booth LLP moved to dismiss, resulting in Plaintiff voluntarily filing a further amended complaint, again alleging that Mothership was liable for both direct and contributory trademark and copyright infringement of Plaintiff’s products.  Booth LLP once again moved to dismiss, and on September 28, 2022, the Court issued an order granting the motion, but allowed Plaintiff leave to amend certain claims. On October 18, 2022, Plaintiff filed a third amended complaint that once again alleging Mothership knowingly participated in the counterfeiting operations of other defendants. On November 1, 2022, Booth LLP filed a third motion to dismiss, arguing that Plaintiff’s claims were not plausible give the nature of Mothership’s business and the conclusory facts alleged, and that the allegations failed to state a claim under applicable federal pleading standards. The Court agreed, and on December 7, 2022, issued an order dismissing Plaintiff’s claims against Mothership without leave to amend. 

The case is AK Futures LLC v. LCF Labs Inc., USDC Central District of California Case Number 8:21-cv-02121-JVS-ADS

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