Moreland a/k/a Ana Cheri et al. v. Black Budda Associates, LLC d/b/a The Zone d/b/a Club Zone et al. (19-cv-30091).

Judge Mastroianni granted individual defendant Paul Ramesh’s motion to dismiss, finding the complaint includes no factual assertions that Ramesh personally was the moving, active conscious force behind the alleged trademark infringement or was personally involved in a tortious act, but instead only contained conclusory statements. The complaint asserted that “according to publicly available records and upon information and belief,” Ramesh maintained operational control over the club. Judge Mastroianni noted that, had the complaint specified what publicly available records had been consulted and stated what those records contained, they would likely have risen to factual assertions sufficient to survive a motion to dismiss.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s