Google failed this week to dismiss a breach-of-contract lawsuit filed by a company operating a multimedia children’s programming platform called “Googles,” pending discovery on legal standing and subject matter jurisdiction.

The California-based tech giant sought to throw out a lawsuit alleging it breached an agreement not to compete with Delaware-based SM Kids LLC, the successor to Stelor Productions. It is a defendant in a lawsuit pending before Judge Lorna G. Schofield in the Southern District of New York.