MEMORANDUM OPINION & ORDER Plaintiffs, several entities of Tianhai Lace Company, brought this action alleging that Defendants, entities of ASOS, used Plaintiffs’ protected lace designs in various clothing products, and asserting claims for copyright infringement pursuant to 17 U.S.C. §501, et seq., and under the New York Deceptive Trade Practices Act, New York General Business Law §349, et seq. (the “DPA”). Now before the Court is Defendants’ motion to dismiss the Complaint. For the reasons that follow, the motion is denied with respect to the copyright infringement claims but granted with respect to the claims brought under the DPA. BACKGROUND The following facts are drawn from the Complaint, and are accepted as true for purposes of the present motion. See Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017). Plaintiffs allege that they have “designed, manufactured, and sold decorative laces” for “more than thirty years,” “enjoy[ing] tremendous commercial success in the fashion industry.” Compl. 14. Given their extensive lace portfolio, Plaintiffs allege that they have developed and sold original lace designs which are copyrightable subject matter under 17 U.S.C. §101, et seq., and today own some 22,500 lace designs manufactured for sale in 30 countries across the globe. Id.
15, 20. Plaintiffs allege they are the owners U.S. Copyright Office Registrations for five specific lace designs which are relevant to the present action. Id. 16; id., Ex. A (Registration Certificates for Copyright Nos. VA 1-971-441, VA 2-293-81, VA 1-847-129, VA 1-861-878, and VA 1-791-176). Defendants are alleged to have “systematically and without authorization reproduced, displayed, distributed, created derivative works of, and otherwise infringed” these five lace designs by offering clothing products for sale which feature the protected designs. Id. 30. Plaintiffs’ investigators “placed multiple orders for” the allegedly infringing products between February 2020 and May 2022, and, upon receiving them, “confirmed that none of the laces included in Defendants’ [] [p]roducts were genuine Tianhai laces.” Id. 31. The Complaint includes a detailed, five-page table showing Plaintiffs’ registered lace designs in the left-most column, Defendants’ allegedly infringing products in the center column, and Plaintiffs’ copyright registration number for the protected design. Id. 32. Moreover, the Complaint attaches “photos of the purchased Infringing Products,” complete with receipts and email confirmations from ASOS, as Exhibit E. Despite cease-and-desist letters sent beginning in May 2022, Plaintiffs have not received a substantive response from Defendants regarding the alleged infringement. Id.
