2/2/2024 0 Comments Uab planner 5d16 Planner 5D claims that it currently has over 40 million users worldwide and that it owns “a 17 collection of over a million hand-crafted, digitized, and realistic three-dimensional objects and 18 scenes, depicting a wide variety of household and office designs.” Id. Users can also “easily toggle between two- and three-dimensional renderings of the 15 design,” and can rotate and tilt three-dimensional renderings “to any desired perspective.” Id. Once added to a design, these objects 13 can be “easily moved, rotated, tilted, re-sized, or otherwise manipulated to create the desired 14 design.” Id. Users can create unique designs by “simply dragging any 12 of these objects onto or around a chosen floor plan.” Id. Planner 5D offers its users access to a digital library of thousands of household 10 objects, including “structural features,” “furniture,” “bathroom appurtenances,” “electrical 11 appliances,” and “exterior features.” Id. 7 In 2011, Planner 5D created a website that it describes as a “user-friendly home design tool 8 that allowed anyone to quickly and easily create their own home, office or landscape designs.” 9 Compl. FACTUAL BACKGROUND Planner 5D’s Home Design Website 6 A. BACKGROUND 4 United States District Court Northern District of California 5 I. Planner 5D may have 3 leave to amend to address these deficiencies. Planner 5D also fails to sufficiently allege a trade secret 28 misappropriation claim because it does not explain: (i) how the structure of its website and the 1 Terms of Services maintained secrecy of the underlying data files of the objects and scenes and 2 (ii) what improper means Princeton and Facebook took to obtain these files. § 411(a) or 25 that it is exempt from that requirement as a non-United States work (ii) the originality or 26 creativity of the objects, scenes, and compilations of objects and scenes and (iii) that 27 copyrightable elements were copied. Planner 5D does not sufficiently allege a copyright infringement claim because it 24 does not allege: (i) that it has met the threshold registration requirement of 17 U.S.C. 22 Princeton and Facebook move to dismiss for failure to state a claim, and I will GRANT 23 their motions. It claims that it owns copyrights in these three-dimensional objects and 20 scenes, and in the compilation of objects and scenes, as well as trade secrets in the underlying data 21 files of these objects and scenes. Planner 5D operates a home design website that allows users to create virtual 18 interior design scenes using a library of virtual objects (such as tables, chairs, and sofas) to 19 populate the scenes. 12 INTRODUCTION 13 14 UAB Planner 5D (“Planner 5D”) brings copyright infringement and trade secret 15 misappropriations claims against Facebook, Inc., Facebook Technologies, LLC (collectively 16 “Facebook”), and The Trustees of Princeton University (“Princeton”). 19-cv-03132-WHO ORDER GRANTING MOTIONS TO DISMISS WITH LEAVE TO AMEND v. 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 UAB “PLANNER5D”, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.
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