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DigitAlb Sh.A. v. Setplex LLC

Dismissal of Albanian Firm's Copyright Infringement, Trademark Dilution Claims Explained

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OPINION & ORDER

*1 DigitAlb, Sh.a (“DigitAlb”) brings this action alleging copyright infringement, trademark dilution, communications piracy, and breach of contract against Setplex LLC (d/b/a NimiTV and d/b/a TVAlb), LBD Group, LLC, Lionel Dreshaj, and Benjamin Dreshaj (together, “Setplex”). Setplex moves to dismiss the claims for direct and contributory copyright infringement in the United States as well as the trademark dilution claim under Rule 12(b)(6). It also seeks to dismiss the claim for copyright infringement in various European countries for forum non conveniens under Rule 12(b)(3), and alternatively asks this Court to decline to exercise supplemental jurisdiction over that claim. For the reasons that follow, Setplex’s motion is granted in part and denied in part.BACKGROUNDThe allegations in the First Amended Complaint (“Compl.”) are presumed true for the purposes of this motion. This action arises from the piracy of Albanian-language television programming. DigitAlb is an Albanian corporation engaged in the distribution of Internet Protocol Television (“IPTV”) programming from certain Albanian-language television channels. (Compl.

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