MEMORANDUM ORDER Plaintiff Walker Wear LLC (“Walker Wear” or “Plaintiff”) brings this action against Off-White LLC, Off-White Operating Soho LLC (together with Off-White LLC, “Off-White”), Saks Fifth Avenue LLC, and Saks Incorporated (together with Saks Fifth Avenue LLC, “Saks”) (collectively, “Defendants”),1 asserting claims for unfair competition and dilution pursuant to the Lanham Act, 15 U.S.C. §§1051, et seq.; for trademark infringement and unfair competition under New York common law; and for violations of New York’s General Business Law (“GBL”) sections 349 and 360, arising from Defendants’ alleged misuse of Plaintiff’s “unique and distinctive WW XXL Athletic mark (“the Word Mark”) and related unique and distinctive designs prominently featuring the Word Mark (the “Design Mark” (together with the Word Mark, the “Marks”)).” (Docket entry no. 62 (the “First Amended Complaint” or “FAC”) 17.) The Court has jurisdiction of this action pursuant to 28 U.S.C. sections 1331, 1338, and 1367. Defendants have moved to dismiss two counts of the FAC pursuant to Federal Rule of Civil Procedure 12(b)(6): Plaintiff’s claim for dilution under 15 U.S.C. section 1125(c) (the “Dilution Claim”) and Plaintiff’s claim for deceptive acts and practices under GBL section 349 (the “Section 349 Claim”). (See docket entry no. 69 (“Defs. Mem”).) The Court has reviewed the parties’ submissions thoroughly. For the following reasons, Defendants’ motion to dismiss is granted in its entirety. BACKGROUND The following facts, which are alleged in the FAC or drawn from documents integral to the FAC, are taken as true for the purpose of Defendants’ motion to dismiss. April Walker (“Ms. Walker”), the “founder of Walker Wear, has designed signature streetwear clothing since the 1980s.” (FAC 14.) Walker Wear’s brand and designs include the Marks. (Id. 17.) The “[c]lothing items featuring the Marks have been, and remain, best-sellers for Walker Wear.” (Id. 19.) The Marks have been worn by “hip hop’s greatest icons, including The Notorious B.I.G., Tupac, RUN-DMC, the Wu-Tang Clan, and many others.” (FAC 16.) The Walker Wear brand has “enjoyed extensive media coverage,” including features on the website of Black Entertainment Television LLC, a podcast run by Vogue, a fashion magazine, and at events such as Fashion Week in New York City. (Id.
20, 21, 22.) The FAC includes links to these features, which cover Ms. Walker’s work and career, describing it as “overlooked by mainstream society” (id. 21 n.1), “entirely separate from the mainstream fashion world” (id. 21 n.2), or “forgot[ten]” by “ [f]ashion [h]istory (id. 21 n.3). Ms. Walker’s designs have also appeared in several movies, such as “Above the Rim,” “Straight Outta Compton,” and “All Eyez on Me.” (FAC 23.) In 2021, Ms. Walker “became aware” that Off-White was selling a “Diagonal Stripe Varsity Bomber Jacket” (the “Jacket”) which, she alleges, “feature[ed] the Marks.” (Id. 29.) On February 27, 2021, Carlos Maldonado (“Mr. Maldonado”), a friend of Ms. Walker, sent Ms. Walker “an Instagram direct message…with a link to a Saks ad on Instagram featuring” the Jacket. (Id. 30.) According to Mr. Maldonado, the Saks website credited the jacket design to Off-White, “a major fashion house” that Plaintiff claims has a history of “misappropriating the work of independent designers like her.” (Id.
