SEARCH

Office Create Corp. v. 1st Playable Productions LLC

Incomplete Discovery Prevents Full Response to Copyright, Trademark Infringement Claims

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

District Judge Mae D’Agostino¹ DECISION & ORDER I. INTRODUCTION Plaintiff Office Create Corporation (“Office Create” or “OC” or “Plaintiff”) commenced this action against Defendants 1st Playable Productions, LLC (“1st Playable”) and Emilie T. (“Tobi”) Saulnier (“Saulnier”) (collectively “Defendants”), alleging (a) copyright infringement under the Copyright Act of 1976, 17 U.S.C. §§101, et seq.; (b) contributory copyright infringement under federal common law; (c) trademark infringement, unfair competition, false designation of origin and trade dress infringement under the Lanham Act, 15 U.S.C. §§1117 and 1125(a); (d) contributory trademark infringement under federal common law; (e) unfair competition under New York state common law; and (f) unjust enrichment. See Compl., ECF 1. Presently before the Court is Plaintiff’s motion brought pursuant to Fed. R. Civ. P. 56 for partial summary judgment on its claims that Defendants infringed OC’s copyrights in violation of 17 U.S.C §§101 et seq., with respect to the Cooking Mama:Cookstar game for use on (a) the Sony PlayStation 4, and, separately (b) the Nintendo Switch gaming platforms. See ECF 47. Defendants oppose the motion, ECF 50, and Plaintiff files a reply, see ECF 53. For the following reasons, Plaintiff’s motion is denied without prejudice. II. DISCUSSSION After providing its Fed. R. Civ. P. 26(a)(1) Initial Disclosures, Plaintiff brought the instant motion having failed to respond to Defendants’ documents demands and notices for depositions of purportedly “key witnesses” identified in Plaintiff’s Rule 26 disclosures. See ECF 50, Nolan Decl.,

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›

Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...

Apply Now ›