Page:International Code Council v. UpCodes (2021).pdf/1

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK


INTERNATIONAL CODE COUNCIL, INC.,

Plaintiff,
– against –

UPCODES, INC., et al.,

Defendants.

17 Civ. 6261 (VM)
20 Civ. 4316 (VM)

DECISION AND ORDER

VICTOR MARRERO, United States District Judge.

Plaintiff International Code Council, Inc. (“ICC” or “Plaintiff”) commenced this action on June 5, 2020, alleging false advertising and unfair competition by defendants UpCodes, Inc. (“UpCodes”), Garrett Reynolds, and Scott Reynolds (collectively, “Defendants”). (See “Complaint,” ICC v. UpCodes, et al., No. 20 Civ. 4316 (the “False Advertising Docket”), Dkt. No. 1.) ICC alleges that Defendants falsely claim to provide updated and accurate building codes on their website, when in fact the posted codes contain numerous errors.

Now before the Court is the parties’ premotion letter exchange regarding dismissal of the Complaint (see “Letter Motion,” ICC v. UpCodes, et al., No. 17 Civ. 6261 (the “Copyright Docket”), Dkt. No. 111), which the Court construes

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