Dutch Jackson Iatg, LLC v. Basketball Marketing Co.

MEMORANDUM AND ORDER

CAROL E. JACKSON, District Judge.

This matter is before the Court on the joint motion to dismiss filed by defendants ESPN Enterprises Inc., ESPN Home Media, ESPN Inc., and The Basketball Marketing Company for failure to state a claim. The defendants move to dismiss Counts IV through IX of the complaint and to dismiss plaintiffs’ request for statutory damages and attorneys fees. Plaintiffs oppose the motion and the issues are fully briefed.

*1047I. Background

Plaintiffs bring this action seeking damages and injunctive relief for the defendants’ unauthorized use of plaintiffs’…