GateGuard Inc. v. Amazon.com Inc.

MEMORANDUM OPINION AND ORDER The plaintiff, GateGuard, Inc. (“GateGuard”), brought this action against several defendants, Amazon.com Inc., Amazon.com Services, Inc., Amazon.com Services, LLC, and Amazon Logistics, Inc. (collectively, “Amazon”), seeking damages and injunctive relief for various federal and state-law claims arising out of Amazon’s alleged pattern of tampering with intercom and access-control devices installed in multifamily residential buildings. As asserted in the First Amended Complaint, GateGuard’s state-law claims include trespass to chattels, misappropriation of trade secrets, conversion, tarnishment, unjust enrichment, and tortious interference with existing contractual relations and prospective economic advantage, all in violation of New York law. GateGuard also brings claims under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. §1030 et seq., the Lanham Act, 15 U.S.C. §1125, and the Defend Trade Secrets Act (“DTSA”), 18 U.S.C. §1832 et seq., and it asserts a putative class claim under the Sherman Antitrust Act, 15 U.S.C. §1, et seq. Amazon now moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Amazon also moves to strike GateGuard’s class allegations pursuant to Federal Rules of Civil Procedure 12(f) and 23(d)(1)(D). For the reasons below, the motion to dismiss is granted in part and denied in part, and the motion to strike is denied as moot. I. Unless otherwise noted, the following facts are taken from the First Amended Complaint (“FAC”), ECF No. 14, and are accepted as true for purposes of the motion to dismiss.¹ GateGuard is a corporation that develops, manufactures, and sells security technology for multifamily residential properties in New York City and elsewhere. FAC 2. GateGuard’s “flagship” product is an internet-enabled intercom device called “AI Doorman,” which can be “seamlessly integrated with a website” that allows authorized users to unlock entrances remotely and to monitor all incoming and outgoing activity. FAC

3, 85; see id. 88. The device’s “unique features” include “face detection and recognition capability,” video-chat functionality, data and cloud storage, and internet connectivity, among others. Id.