District Judge Denis R. Hurley


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Canon-USA is the exclusive licensee of the CANON trademark. It alleged defendants—who do business over the Internet—violated the Lanham Act, and engaged in unfair competition, by selling “Gray Market Cameras,” CANON photographic products intended for use and resale in Asia or Europe, or otherwise materially different from Genuine CANON cameras sold in the United States. District court denied the three “Moving Defendants” dismissal trademark infringement and unfair competition claims against them. Canon-USA—whose valid mark defendants lacked permission to use—clearly alleged a likelihood of confusion. Further, Canon-USA satisfied the standard notice requirements of FRCP 8(a) Its operative complaint defined “Corporate Defendants” to include the instant Moving Defendants and the four so-called Answering Defendants. It then went on to make separate allegations against the Corporate Defendants, individual defendant Houllou, and all defendants collectively. Because Canon-USA pleaded sufficient facts to state a plausible claim against the Moving Defendants for trademark infringement and unfair competition under the Lanham Act, Canon-USA’s common law unfair competition claim was also sufficiently pleaded.