Facts

Fusion Windows and Doors Inc. sued American Reliable Windows Inc. and Oganes Mutafyan, owner of American Reliable, for infringement.

PLAINTIFF'S CONTENTIONS:
Fusion was engaged in the business of window and door replacement, and in keeping a "competitive edge," contended it has developed brand recognition. Fusion contended that its competitor, American Reliable, mirrored its advertising efforts, including running the same social media campaign immediately after Fusion has revealed its campaign and even copying Fusion's deals and specials, often offering the same deals and specials at the same time. Also as part of its effort to establish and maintain its brand, Fusion sought federal copyright registration of its proprietary website. It later discovered, after investigating customer complaints, that American Reliable had been operating a website that was substantially similar to Fusion's website. Plaintiff contended that upon further investigation, it found that American Reliable's website indicated that its "source code" was exactly that of Fusion's with minor alterations and modifications to make it seem as if it were American Reliable's website.

Fusion sued defendants for trying to deceive consumers and for taking business way from Fusion. Fusion alleged causes of action for federal copyright infringement, intentional interference with economic advantage, violation of California Business and Professions Code, and contributory copyright infringement against all defendants. Fusion alleged causes of action for vicarious copyright infringement against Mustafyan only. In addition, Fusion sought injunctive and monetary relief.

DEFENDANTS' CONTENTIONS:
Defendants sought the dismissal of Fusion's complaint.

Result

U.S. District Court Judge Philip S. Guitierrez granted defendants' motion to dismiss, and entered a judgment in defendants' favor.

Other Information

FILING DATE: Feb. 12, 2013.