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Unicorn Crowdfunding Inc. v New Street Enterprise Inc.

Contract Breach, Related Counterclaims Plausibly Pleaded in Suit Over Branding's Removal

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OPINION & ORDER Plaintiff Unicorn Crowdfunding, Inc. (“Unicorn”) brings this action against defendants New Street Enterprise, Inc. d/b/a Socialfix (“Socialfix”), Ossian Ventures, Inc. (“Ossian”), and Teresa Tateossian (“Tateossian”) (collectively, “defendants”), alleging violations of the Lanham Act, 15 U.S.C. §§1051 et seq., as well as New York statutory and common law. Defendants bring four counterclaims: (1) breach of contract; (2) quantum meruit; (3) unjust enrichment; and (4) promissory estoppel.Unicorn now moves to dismiss defendants’ counterclaims, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. For the reasons that follow, the Court denies Unicorn’s motion to dismiss.I. BackgroundA. Factual Background¹Unicorn, a Delaware corporation with its principal place of business in New York, is a production company planning to produce The Unicorn, a television show created for Bloomberg Television (“Bloomberg”) featuring start-ups competing to raise capital from a television audience of potential investors. Unicorn Compl.

1, 9, 11.In June 2017, before Unicorn’s incorporation, Unicorn’s representative and largest shareholder, Carl Heil, contacted Socialfix to retain its marketing and design services. AC 10. Socialfix is a New Jersey corporation in the business of assisting other companies with marketing strategy, brand and content development, video production, and social media marketing. Id. 7. After multiple conversations, Unicorn and Socialfix executed a September 2017 Memorandum of Understanding (“MOU”) to establish a marketing plan for Unicorn, including the redesign of Unicorn’s logo. Id.

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