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The Row Inc. v. Highgate Hotels LP

Cyberpiracy Claim Vacated; §1125(d) Factors Weigh Against 'Bad Faith Intent to Profit'

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The Row, Inc., Plaintiffv.Highgate Hotels, L.P.; RP/HH Milford Plaza Lessee L.P.; RP/HH Milford Plaza Lessee G.P., L.L.C.; and Rockpoint Group, L.L.C., Defendants

OPINION & ORDER Before the Court is a motion under Federal Rule of Civil Procedure 12(b)(6) by Defendants Highgate Hotels, L.P. (“Highgate”); RP/HH Milford Plaza Lessee L.P. (“Milford Plaza LP”); RP/HH Milford Plaza Lessee G.P., L.L.C. (“Milford Plaza GP”); and Rockpoint Group, L.L.C. (“Rockpoint”) (collectively, the “Defendants”) to dismiss Counts III and IV of Plaintiff The Row Inc.’s (“Plaintiff”) amended complaint. For the reasons stated below, Defendants’ motion is granted.I. BackgroundA. Factual BackgroundThe following facts and allegations are taken from the amended complaint. Plaintiff is a corporation organized and existing under the laws of Tennessee with its principal place of business in Tennessee. (Am. Compl.,2, ECF No. 40 (filed Aug. 19, 2015).)Highgate is a limited partnership organized and existing under the laws of Delaware with its principal place of business in Texas. (Id.3.) Milford Plaza LP is a limited partnership organized under the laws of Delaware. (Id.4.) Milford Plaza GP is a limited liability company organized under the laws of Delaware. (Id.5.) Rockpoint is a limited liability corporation organized and existing under the laws of Delaware. (Id.8.)¹ Milford Plaza LP, Milford Plaza GP, and Rockpoint all have their principal place of business at the same address in Dallas, Texas. (Id.

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