Personal Keepsakes, Inc. v. Personalizationmall.com, Inc.

*922 MEMORANDUM OPINION AND ORDER

JOHN J. THARP, JR., District Judge.

Defendant Techny Advisors, LLC moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Counts I and II of the Amended Complaint of Personal Keepsakes, Inc. (“PKI”) for failure to state a claim under which relief can be granted. Count I claims copyright infringement and Count II alleges violations of the Digital Millennium Copyright Act (“DCMA”). For the reasons that follow, the Court grants the motion to dismiss.1

BACKGROUND2

PKI designs and produces gift items personalized with poetry verses for special occasions and…