![]() LEGAL STANDARDS To survive a motion to dismiss, a complaint must include “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. For the following reasons, Defendants’ motion is DENIED. On August 3, 2023, this case was reassigned to me. This motion was filed on September 12, 2022, and was fully briefed later that month. 12(b)(6) based on the affirmative defense of res judicata. Defendants say that prior dismissal bars this suit, so they moved to dismiss under Fed. The parties agree that the prior lawsuit was (1) filed in June of 2020 and (2) voluntarily dismissed with prejudice. ![]() The amended complaint also mentions a prior lawsuit involving the same song and video. So Charming Beats sued, claiming that Defendants (1) infringed its copyright by posting the video to Hypebeast’s Daily Motion webpage and (2) contributed to third parties’ infringement by distributing the video to them. BACKGROUND Charming Beats alleges that Defendants Hypebeast and 101 Media unlawfully used one of its copyrighted songs in a video. MEMORANDUM OPINION AND ORDER ARUN SUBRAMANIAN, United States District Judge. 50 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHARMING BEATS, LLC, Plaintiff, 21-cv-7189 (AS) -againstHYPEBEAST, INC., et al., Defendants. (Signed by Judge Arun Subramanian on ) (tg)Ĭharming Beats LLC v. The Clerk of Court is directed to close ECF No. For these reasons, Defendants' motion to dismiss is DENIED. And Charm-ing Beats should remain mindful of its representation that it "expressly carved out all pre-dismissal conduct." Dkt. So at the very least, whether res judicata applies is not "clear." The Court makes no determination about whether Defendants' res judicata defense may be viable on a full record at trial. And parts of the amended complaint here suggest that the relevant conduct postdates the 2020 d ismissal of the prior action. 12(b)(6)-there is not enough to decide whether t he claims in this case are so related to those in the prior action as to be barred under TechnoMarine's fact-intensive, multifactor balancing test. On the present motion-a motion to dismiss under Fed. filed by 101 Media Lab LTD, Hypebeast, Inc. Court Description: MEMORANDUM OPINION AND ORDER re: 39 MOTION to Dismiss Notice of Motion.
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